Report No. 78

7.3. Amendment of First Schedule, Part I, Cr. P.C., 1973.-

The proposed offence should be-

(a) cognizable;

(b) non-bailable; and

(c) triable by any Magistrate.

The punishment which we have proposed is imprisonment upto two years.1 Although the general approach adopted by us in this Report2 would suggest that the offence should be bailable, that principle cannot, for obvious reasons, be applied to this offence. Accordingly, we recommend that the Code of Criminal Procedure, 1973, first Schedule, Part 1, should be amended for this purpose, by adding, after the entry in that Schedule pertaining to section 229, I.P.C., the following entry:-

229A

Failure to comply with the terms of bond

Imprisonment upto two years of fine or both

Cognizable

Non-bailable

Any magistrate

1. Para. 7.2, supra.

2. Para. 4.1 to 4.5, supra.