Name of case law
kavita vishwakarma
(Querist) 16 July 2012
This query is : Resolved
can u pls give me name of case law which say that 506 part 2 is non bailable in mumbai.
Tajobsindia
(Expert) 16 July 2012
The Notification issued by the Government of Maharashtra under S. 10 of the Criminal Law Amendment Act, 1932, the offence under S. 506 (2) I.P.C., so far as Greater Bombay is concerned, shall be cognizable and non-bailable.
See Criminal Revision Application No. 633 of 1979 decided on 1st October, 1980 (single Judge Mr Jstc Shah. J) of B HC
Also see the decision of a Division Bench of the Gujarat High Court in Vinod Rao v. State of Gujarat, 1981 Cri.L.J. 232
The Notification stands as follows:
Government of Maharashtra Notification, Home Department (Special) No. S.B. I/CIA/1060/26963, dated the 4th October, 1962 as amended by Notification, Home Department (Special) No. S.B. I/CIA/1061/27115 dated the 10th August, 1962.
No. S.B. I/CIA/1960/26963. In exercise of the powers conferred by section 10 of the Criminal Law Amendment Act, 1932 ( XXIII of 1932) and in supersession of Government Notification, Home Department (Political) No. S.B. 7753, dated the 27th December, 1932, the Government of Maharashtra hereby declares that the offence of criminal intimidation punishable under section 506 of the Indian Penal Code (XLV of 1860) 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 cognisable and non-bailable.
By order and in the name of the Governor of Maharashtra.
J.R. Gabral
Deputy Secretary to the government
Maharashtra, Home Department."
Devajyoti Barman
(Expert) 16 July 2012
Any Bare Act published in the State of Maharashtra would also show.
Nadeem Qureshi
(Expert) 16 July 2012
Section 506. Punishment for criminal intimidation
Whoever commits, the offence of criminal intimidation shall be punished with imprisonÂment of either description for a term which may extend to two years, or with fine, or with both;
If threat be to cause death or grievous hurt, etc.—And if the threat be 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 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonÂment of either description for a term which may extend to seven years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable-Bailable—Triable by any Magistrate—Compoundable by the person intimidated.
Para II
Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
State Amendment
Uttar Pradesh
Imprisonment of 7 years, or fine or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Vide Notification No. 777/VIII 9-4(2)—87, dated 31st July, 1989, published in U.P. Gazette, Extra., Pt. A, Sec. (kha), dated 2nd August, 1989.
comments
Threat to reputation
Where criminal intimidation was committed by threatening X and his daughter with injury to their reputation by having the indecent photographs published; the intent mentioned was to cause alarm to X and his daughter, hence the appellant was clearly guilty of the criminal intimidation and it was held that the conviction of the appellant under section 506 is correct; Romesh Chandra v. State, AIR 1960 SC 154.
