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Report No. 43

7.98. Section 12 before 1967-Cognizable offence.-

Before 1967, section 12 dealt with other topics. One of them was the offences that were to be cognizable. Under the section as it then stood, only offences punishable with imprisonment upto fourteen years, and offences under section 6(1)(a) of the Act, were cognizable. Section 12, did not in this respect, go as far as the Canadian section,1 which covers even a person about to commit an offence, and also authorises his arrest without warrant and detention by any constable or police officer. The English Act2 has also a similarly wide provision.

After the amendment of 1967, all offences under the Act have become cognizable, because under the Criminal Procedure Code3 if the punishment provided is imprisonment or three years or more, offences under special laws are cognizable.

1. Section 10, Canadian Official Secrets Act, 1939.

2. Official Secrets Act, 1911.

3. Criminal Procedure Code Bill, 1970, First Schedule.

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