section 6
Procedure when offender arrested
The Jammu and Kashmir State Official Secrets Act, 1920Criminal19208 sections
Statutory text
- (1) Any person, being a public servant as defined in the Ranbir Penal Code, may arrest any person who in his view commits any of the offences described in section 5, sub-section (1), and any such person or any police officer who has arrested any person on a charge of any such offence, and any police officer to whom any person arrested on any such charge has been made over, shall take or send him before the officer for the time being in command or charge of the nearest military station or camp or before a Magistrate of the first class.
- (2) Where any person has been taken or sent before the commanding or other officer in accordance with sub-section (1), such officer may, if he thinks fit, discharge such person, but if he does not discharge him, shall without unnecessary delay, take or send him to the nearest police station or to any Magistrate of the first class.
- (3) Where any person has been taken or sent to a police station or to a Magistrate under sub-section (2), the provisions of the Code of Criminal Procedure, shall, save as otherwise provided by section 7, apply to him as though he had been taken to such police station or Magistrate without being taken or sent before the commanding or other officer.
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