Regarding 506ipc
amulyavidya
(Querist) 30 September 2011
This query is : Resolved
Dear Sir/ Madam
Kindly I would Like to know whether 506IPC is Cognizable or non cognizable Offence ,
and also let me know if it has been converted into non cognizable offence on what order? can u enclose the copy or order if possible
Thanking you
M.Surya Prakash
SI
Batlahalli Police Station
Chintamani
Karnataka
Guest
(Expert) 30 September 2011
if it added with a non congnizable offence than it is non cognizable and if it comes with cognizable than it is cognizable.
Guest
(Expert) 30 September 2011
Offence under section 506 IPC is non-cognizable and bailable under the provisions of Code of Criminal Procedure, 1973 repealing the old Code of 1898 as Code of 1973.
Even though earlier code of 1898 also categorised the offence as categorized this offence “non-cognizable” and “bailable”, but Notification no.232-Home dated 11.01.1933 issued under Section 10 of Criminal Amendment Act of 1932 by the then Chief Commissioner of Delhi, made the offence punishable under Section 506 IPC “cognizable” and “non-bailable”.
However, by an order passed by the High Court of Delhi in Crl.M(M) 3322/2003, dated January 13,2004, the High Court made that inoperative with effect from 15 January 2004, till the Government takes a review of the overall situation and decides as to the necessity of its continuation. An extract of the order of the Delhi High Court is reproduced belo for your information:
EXTRACT OF PARA 23 OF THE DELHI HIGH COURT DECISION IN Crl.M(M) 3322/2003, dated January 13,2004
"23. In my view continuation of such a notification issued way back in the year 1933 without reviewing the situation from time to time is not only an affront to the liberty of the citizens at large but has the tendency to subvert the law enacted by the Parliament and, therefore, for ends of justice and to maintain the sanctity of the law enacted by the Parliament as well as the liberty of citizens this court orders that the notification no. 232-Home dated 11th January, 1933 issued by Mr.JNG Johnson, the then Chief Commissioner of Delhi declaring the offence punishable under Section 506 IPC as “cognizable” and “non-bailable” which has continued for 70 long years without any review of the factors and conditions that necessitated it, shall cease to be in operation from 15th January, 2004 till the Government takes a review of the overall situation and decides as to the necessity of its continuation."
A COPY OF THE SAID JUDGMENT WAS ALSO ENDORSED TO THE HON, L.GL. AND POLICE COMMISSIONER OF DELHI, AS WELL AS JUDICIAL OFFICERS BY THE HIGH COURT.
Nadeem Qureshi
(Expert) 30 September 2011
Dear Surya Prakash
the offence u/s 506 IPC for criminal intimidation is non-cognizable, bailable, compoundable and triable by any magistrate. if threat be to cause death or grievous hurt, etc offence is triable by magistrate by first class
in Tamilnadu
the offence is non-cognizable
in UP it is cognizable and non- bailable
feel free to call me on my mob 9953809956
prabhakar singh
(Expert) 30 September 2011
In Uttar Pradesh it is so::
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.
Sankaranarayanan
(Expert) 30 September 2011
yes all experts are explained well. It is non cognizable
but one good judgement for your reference
P.Ramakrishnan vs State Rep. By on 21 April, 2010.
Shastri J.K.
(Expert) 30 September 2011
I agree with Experts.
Shonee Kapoor
(Expert) 30 September 2011
I do agree with the experts, however, I have not seen even a single conviction in 506 alone.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
