Offence to be cognizable and non-bailable

General202631 sections6 chapters

Chapter IV OFFENCES AND PENALTIES

Statutory text

(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023),-
- (a) every offence punishable under this Act shall be cognizable and non-bailable;
- (b) no person accused of an offence punishable under Sections 16, 17 and 18 shall be released on bail or on his own bond, unless-
  - (i) the Special Public Prosecutor has been given an opportunity of being heard on the application for such release; and
  - (ii) where the Special Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The restrictions on granting of bail specified in clause
- (b) of sub-section
(1) shall be in addition to, and not in derogation of, the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023) or any other law for the time being in force relating to grant of bail.
(3) Nothing in Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023) shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.

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