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prabirghosh (police)     17 November 2011

Question

whether 34 police act 1861 is cognizable or not?



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 November 2011

34. Punishment for certain offences on roads, etc.-- Any person who, on any road or in any 4[ open place or] street or thoroughfare within the limits of any town to which this section shall be specially extended by the State Government, commits any of the following offences, to the obstructions inconvenience, annoyance, risk, danger or damage of the 5[ residents or passengers] shall, on conviction before a Magistrate, be liable to fine not exceeding fifty rupees, or to imprisonment 6[ with or without hard labour] not exceeding eight days; and it shall be lawful for any police- officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:- First.- Slaughtering cattle, furious riding, etc.- Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle:
1. Ins. by Act 8 of 1895, s. 11.
2. Subs. by s. 12, ibid, for" two".
3. Subs. by s. 12, ibid, for" three"
4. Ins. by s. 13, ibid,
5. Subs. by s. 13, ibid, for" residents and passengers".
6. Ins, by Act 1 of 1903, s. 3 and Sch. II.

Second- Cruelty to animals.- Any person who wantonly or cruelly beats, abuses or tortures any animal: Third.- Obstructing passengers.- Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public: Fourth.- Exposing goods for sale.- Any person who exposes any goods for sale: Fifth.- Throwing dirt into street.- Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dungheap, or the like: Sixth.- Being found drunk or riotous.- Any person who is found drunk or riotous or who is incapable of taking care of himself: Seventh.- Indecent exposure of person.- Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose: Eighth.- Neglect to protect dangerous places.- Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

 

it is Cognizable Offence

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     18 November 2011

I agree with the above view.

Arvind Sehdev (Advocate)     18 November 2011

Yes it is a Congnizable Offence....

rest is bare act words you can read above......

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 November 2011

It can be added to any crime, whether cognizable or non-cognizable.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

prabirghosh (police)     18 November 2011

first, gratitude to all.(.)   secondly, the reason of its being cog.(.)  where i can find it. (.)     In service life, i have seen that non-cog prosecution have been submitted and court accepted it.(.)   excuse me for my ignorance. pl advise me  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

My apologies I thought it to be 34 of Indian Penal Code

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