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Computer Rath (Jr. Associate)     24 August 2014

Bailable or non bailable at maharastra state

Can any body let me know, Sec- 354 -A (i) (iii), 509, 294, 506 of IPC are bailable or Non bailable at Maharastra.

Is there any special state amendment are there for these Sections at Maharastra?

Please let me know the nature of these offence.

 



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 1 Replies

Ashok, Advocate (Lawyer at Delhi)     24 August 2014

All these offences mentioned by you, namely, Section 354A, 509, 294 and 506 of IPC are bailable and there is no State Amendment for Maharashtra making them non-bailable.

 

However, as I have pointed out in my answer to another question by you on this website, I may point out that in view of a Government of Maharashtra Notification, which was issued in the year 1962 in exercise of the powers conferred by section 10 of the Criminal Law Amendment Act, 1932, the offence of criminal intimidation punishable under section 506 of IPC where the threat is to cause death or grievous hurt or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life or with imprisonment for a term which may extend to seven years or to impute unchastity to a woman, when committed in Greater Bombay shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898) (V of 1898), be cognizable and non-bailable. [It is pertinent to point out that power to issue such Notification was given under the said Criminal Law Amendment Act, 1932, without there being any need for formally amending Cr.P.C.].

 

 

 

Thus, in so far as Greater Bombay area of Maharashtra is concerned offence under Section 506 IPC shall be cognizable and non-bailable if the threat related to the aforesaid purposes. However, for the remaining parts of Maharashtra, offence under Section 506 IPC is also bailable and non-cognizable.


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