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Report No. 268

D. Modifying the Classification in Schedule I

11.16 The IPC provides punishment for offences but it is the Cr.P.C. which categorizes offences as 'Cognizable' and 'Non-Cognizable', 'Bailable' and 'Non-Bailable' as well as determines which Court will try the offence. Thus far, there is no apparent correlation between classifying certain offences as Bailable/Non-Bailable with the maximum punishment that may be imposed for committing them. For example, subjecting a married woman to cruelty is punishable with three years imprisonment (s 498-A IPC) and is Non-Bailable, whereas committing the offence of Adultery (s 497 IPC) is punishable with imprisonment upto five years and is Bailable. The seriousness of the offence ought to be reflected in both, the maximum term by which it is punishable, as well as the classification of the offence as Bailable / Non-Bailable. The Law Commission recommends that there should be consistency between the term of imprisonment for offences and their classification as Bailable or Non-Bailable.

Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back

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