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The Supreme Court of India can and has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society. [8] The State Government has the power to make certain offences bailable or non-bailable in their respective States. [9]
In general non-cognizable offences are bailable and placed under First Schedule of Indian Penal Code (IPC). On 12 November 2013, the Supreme Court of India said it was mandatory for the police to register a First Information Report for all complaints in which a cognizable offence has been discovered. [6]
Section 295A is a cognisable, non-bailable, and non-compoundable offence. [3] Legal experts consider Section 295A a controversial provision. They believe that there are good legal arguments for the court to revisit and consider overruling the constitution bench judgement in Ramji Lal Modi v. State of UP. [3]
This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. [2] On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this ...
In the Nigerian Criminal Code, the same offence is covered by article 419, which has now lent its name to the advance fee fraud. [6] The title of two popular Hindi films – Chachi 420 (in English: Trickster Aunt, a 1997 remake of Mrs. Doubtfire) and Shri 420 (in English: Mr. 420, a 1955 film) – are direct references to Section 420 of the IPC.
For every cognisable offence punishable for three years or more but less than seven years, BNSS mandates a preliminary inquiry to be conducted by the police before an FIR can be lodged. [18] This supersedes the Supreme Court's decision in Lalita Kumari vs Government of Uttar Pradesh in 2013, wherein the court found that investigating officers ...
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Offences against property: The BNS retains the provisions of the IPC on theft, robbery, burglary and cheating. It adds new offences such as cybercrime and financial fraud. Offences against the state: The BNS removes sedition as an offence. Instead, there is a new offence for acts endangering India's sovereignty, unity and integrity.