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Report No. 78

4.15. Recommendation to amend Cr. P.C., 1973, First Schedule, Part II.-

It is, accordingly, our recommendation that Part II of the First Schedule of the Code of Criminal Procedure, 1973, should be amended so as to provide that offences under other laws should be bailable, where they fall within the ambit of as indicated above1, and with the exception already mentioned.2

Here is a suggested formulation of the legislative provision that could be inserted on the subject. Is the First Scheduled to the Code of Criminal Procedure, 1973, Part II, entitled as "Classification of offences against other laws", the various paragraphs should be revised as under. (This Part will consist now of four paragraphs, since it is not intended to disturb the present position as to cognizability of offences):-

Punishable with death, imprisonment for life or imprisonment for more than 7 years

Cognizable

Non-Cognizable

Court of session

[Existing first paragraph repeated without change]

If Punishable with imprisonment for more than 3 years but not more than 7 years

Cognizable

Non-Cognizable

Magistrate of the first class

[Existing second paragraph in part, modified]

Punishable with imprisonment for 3 years

Cognizable

Bailable

Magistrate of the first class

[Existing second paragraph in part, modified]

Provided that offences under the official Secret Act, 1923, shall be non-bailable.

Punishable with imprisonment for less than 3 years

Non-cognizable

Bailable

Any magistrate

Existing third paragraph without change

1. Para. 4.13 , supra.

2. Paras. 4.13 and 4.14, supra.



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