Section 188 ipc
Ajay Arora
(Querist) 19 December 2012
This query is : Resolved
As per CrPC, violation of Section 188 IPC is cognizable and bailable offence. Is there any notification for Delhi making it non-bailable offence?
Raj Kumar Makkad
(Expert) 19 December 2012
Yes. This is non-bailable in Delhi. Refer to following case:
http://delhicourts.nic.in/jan/3322.htm
ajay sethi
(Expert) 19 December 2012
Notification.
232-Home
Delhi the 11th January 1933.
In exercise of the powers conferred by Section 10 of the Criminal Law Amendment Act 1932, the Chief Commissioner of Delhi is pleased to declare.
(1)That any offence punishable under Sections 186, 188, 189 and 506 of the Indian Penal Code, when committed in The Delhi Province, shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898, be cognizable, and
(2)That any offence punishable under Sections 188 or 506 of th Indian Penal Code shall be non-bailable.
Sd/- J.N.G. Johnson.
Chief Commissioner, Delhi,"
ajay sethi
(Expert) 19 December 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT:
Crl.M(M) 3322/2003
Date of Decision: January 13,2004
Quashing of FIR
Narendra Kumar & others Through Mr.R.N.Mittal &
Mr.Puneet Mittal, Advocates ...Petitioner
Versus
State & others
Through Mr.Richa Kapoor for the State
Mr.R.S.Kunju for respondents 2 to 4 ...Respondents
CORAM:
HON'BLE MR. JUSTICE J.D.KAPOOR
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.
24. Since this order has wide ramifications for the society as a whole, the police and the Government as well as for the subordinate courts, copy of this judgment be sent to the following for information and necessary action:-
(i) Lt. Governor, National Capital Territory of Delhi.
(ii)Police Commissioner, Delhi with the direction to intimate all the DCPs/ACPs/SHOs of Delhi about this judgment.
(iii)All the Judicial Officers of Delhi.
(iv)Presidents of all the Bar Associations of Delhi for information of lawyers enrolled with them including the Supreme Court Bar Association.
January 13,2004 ( J.D.KAPOOR)
JK JUDGE
Ajay Arora
(Querist) 19 December 2012
So it means that as of now, the offence is cognizable and bailable?
Nadeem Qureshi
(Expert) 20 December 2012
nothing left to ADD
Nadeem Qureshi (Advocate)
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Raj Kumar Makkad
(Expert) 20 December 2012
Both citations given above are contrary to each other so better to be cleared by some other experts.
ajay sethi
(Expert) 20 December 2012
yes it means its bailable now
