whether offence is cognizable or not will have to be considered in the light of provisions of special law wherever special provision is attracted.
Offence punishable under Section 12(a) of the Bombay Prevention of Gambling Act, 1887 is non-cognizable. The statutory provisions made under Section 4 & 5 of the Code of Criminal Procedure which clarify that all offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions of the Code. While all offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Section 5 of the Code of Criminal Procedure also makes it clear that nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. Thus, whether offence is cognizable or not will have to be considered in the light of
provisions of special law wherever special provision is attracted. Such provision shall ordinarily prevail, thus the submission that the offence under Section 12(a) of the Bombay Prevention of Gambling Act, 1887 is non-cognizable, cannot be accepted.
Bombay High Court
Mr. Kailash Shreekisan Chaurasia vs The State Of Maharashtra on 29 July, 2011
Bench: A.P. Bhangale
