Illegal keeping of a cell phone in jail is offence or not?
Querist :
Anonymous
(Querist) 04 December 2010
This query is : Resolved
Dear experts
I am working in a law enforcing agency. Often we come across to the situation when during surprise jail search we recover cell phones from the possession of jail birds.These are being smuggled in to jail stealthily through various methods. Is this an cognizable offence under Indian penal code? if an offence the section thereof? What to do in this situation. What can be done against the SIM/ phone subscriber whose set are recovered within jail premises?
Please reply
adv. rajeev ( rajoo )
(Expert) 04 December 2010
keeping mobiles by jail birds is not allowed in the jails, but our system is like that inspite of knowing it jail officers permit to use the cell phones.
R.Ramachandran
(Expert) 04 December 2010
Dear Mr. Rajeev,
You have not answered the specific query by Anonymous.
His basic queries are:
(a) Is keeping of a mobile phone inside the jail by the convicts/under trials a cognizable OFFENCE under Indian Penal Code?
(b) If it is an OFFENCE, then it is an offence under what Section of IPC?
Your answer no where meets the query at all. Such replies do not help the querist in any way.
(I AM NOT AWARE OF THE ANSWER AND THEREFORE I AM KEEPING QUIET.)
Arvind Singh Chauhan
(Expert) 04 December 2010
Answer may be in jail manual. If it is barred according to jail manual. It may be an offence under IPC for disobedience of public servant's order under Sec 188. Offence may be covered under other section if the cell phone is being used for another offence.
Guest
(Expert) 04 December 2010
This is not a case falling under the I.P.C. and the authority is only the jailor to take suitable action and the Prison Manual of the State is the Bible that prescribes procedures and consequences for such illegal acts. It is certainly cognizable, since the recovery of mobile on sudden inspection, cannot be waited till the permission is granted by a magistrate, which is the basic feature of a non-cognizable offence.
Querist :
Anonymous
(Querist) 04 December 2010
Dear Experts,
I have got some replies but not i am not fully convinced.
Is this not an act of criminal conspiracy as defined U/s 120 A of IPC and punishable U/s 120 b(2) IPC? because to smuggle phone inside a jail needs two persons; a donor and a recipient.Since it is smuggled inside the jail stealthy violating the rules the act is illegal and for illegal purpose.
Does not this meet the requirement of section 120 A, Please opine.....
mahendrakumar
(Expert) 05 December 2010
thank you Ramachandran for your remarks.
I have seen many experts answering queries for the sake of answering,ignoring answering the basic questions.
It would be good for all,if people refrain from answering a query if they do not know the answer reasonably.
R.Ramachandran
(Expert) 05 December 2010
Dear Mr. Mahendra Kumar,
If you find any such irrelevant answers or incomplete answers better point out then and there as I did in this case.
IT IS A COLLECTIVE EFFORT BY ALL OF US TO IMPROVE THE QUALITY OF THIS LCI FORUM. When we make a comment it is based on facts and certainly Nothing personal.
I go by the principle, at the end of the day I may or may not earn a point in this Forum. If I could contribute a little by answering the query posed which meets with the requirements of the querist, and in the process earn the true respect of the people for whatever little contributions that I make, that is more worth than the mere points that I may collect in the Hall of Fame.
Guest
(Expert) 05 December 2010
we are here to answer the queries.....
Querist :
Anonymous
(Querist) 05 December 2010
Dear Experts
My subsequent query remains unanswered. Please opine on sec 120 A of the IPC punishable U/s 120 b(2) of the IPC.
Querist :
Anonymous
(Querist) 06 December 2010
dear Experts
The answer of my basic question remains illusive.On my subsequent query expert mr. Devajyoti Barman has commented as "YES" while another expert Mr. Ajitabh Acharya say "we are here to answer the queries. On my basic query again i want a debate whether sec 120 A of the IPC punishable U/s 120 b(2) of the IPC is applicable in this case or not? Hope experts on this field will please opine
