section 7 of criminal law amendment
Querist :
Anonymous
(Querist) 07 December 2009
This query is : Resolved
section 7 of criminal law amendment avt is bailable or nonbailable? and punishment is for how many yars?
Kiran Kumar
(Expert) 07 December 2009
dear friend which particular amendment you are referring to?
Raj Kumar Makkad
(Expert) 07 December 2009
amendment in which Criminal law??????
Please clarify your quarry.
S. Bharath
(Expert) 07 December 2009
It is bailable, but you need to look at what other provisions of law are included in the FIR; if any of the other offences is non-bailable, a bail application taken out in that case will have to be treated as one u/s 437 and not 436 Cr. P. C.
joyce
(Expert) 07 December 2009
I am confused with ur question and an answer of S.Bharath, no voice...waiting curiously to look other experts answer to this querry.
N RAMESH.
(Expert) 07 December 2009
It is about
THE CRIMINAL LAW AMENDMENT ACT, 1932
(ACT NO. 23 OF 1932)
According to section-7;
7. Molesting a person to prejudice of employment or business:-
(1) Whoever-
(a) with intent to cause any person to abstain from doing or to do any act which such person has a right to do or to abstain from doing, obstructs or uses violence to or intimidates such person or any member of his family or person in his employ, or loiters at or near a place where such person or member or employed person resides or works or carries on business or happens to be, or persistently follows him from place to place, or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof,
or
(b) loiters or does any similar act at or near the place where a person carries on business, in such a way and with intent that any person may thereby be deterred from entering or approaching or dealing at such place, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Explanation.-Encouragement of indigenous industries or advocacy of temperance, without the commission of any of the acts prohibited by this section is not an offence under this section. 657
(2) No Court shall take cognizance of an offence punishable under this section except upon a report in writing of facts which constitute such offence made by a police-officer not below the rank of officer in charge of a police-station.
Section 8 is repealed.
Sec.9. Procedure in offences under the Act.
Notwithstanding anything contained in the Code of Criminal Procedure,1898 (5 of 1898),
(i) no Court inferior to that of a Presidency Magistrate or Magistrate of the first class shall try any offence under this Act ;
(ii) an offence punishable under sections 5 or 7 shall be cognizable by the police;
and
(iv) an offence punishable under section 7 shall be non- bailable.
Thus the offence under sec. 7 of CLA is non bailable.
N RAMESH.
(Expert) 07 December 2009
Mr.Barath and me were judicial officers and we had opportunity to deal with such provisions.
S. Bharath
(Expert) 08 December 2009
Mr. Ramesh is right. Offence u/s 7 is non-bailable by virtue of the provision of S. 9 of the Act. Also please refer to Section 10 of the Act that empowers State Governments to make certain related offences non-bailable. I had occasion to come across cases where S. 7 of Criminal Law Amendment Act was invoked, though I never had occasion to deal with such cases during their preliminary stages where remand is made and bail applications are moved.
Ramesh, thanks very much and nice to meet you again on lawyersclubindia!
