VARIOUS KINDS OF ACTS AND
PUNISHMENTS INCLUDING THE DETAILS AS TO WHETHER COGNIZABLE OR NON-COGNIZABL,
BAILABLE OR NON-BAILBALE, AND TRIABLE BY WHICH COURT.
COMPILED BY: SRI L.H.RAJESHWAR RAO, DEPUTY DIRECTOR OF PROSECUTION, MAHABUBNAGAR
THE ARMS ACT, 1959
|
Sec.
|
Offence
|
Sentence
|
C/NC
|
B/NB
|
TC
|
|
Imprisonment
|
Fine
|
|
25(1)
(a)
(b)
|
Whoever–
Manufactures, sells, transfers, converts, repairs etc. in contravention of Sec.5
or-
Shortens the barrel of a firearm
or converts an imitation firearm into firearm in contravention of Sec.6, or
Brings into or takes out of India any arms or ammunition of any class or description
in contravention of S.11
|
3 to 7 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
25
(1-A)
|
Whoever acquires, has in his possession
or carries any prohibited arms etc. incontravention of Sec.7.
|
7 to 14 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
(1AB)
|
Whoever, by using force, takes the
firearm from the police or armed forces shall be punishable
|
10 yrs
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
25
(1AA)
|
Whoever manufactures, sells, transfers,
converts, repairs, tests or proves or exposes etc., in contravention of
Sec.7
|
10 yrs and Life
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
25
(1AAA)
|
Whoever in contravention of notification issued u/s.24-a possess or in contravention of notification issued u/s.24-Barries
etc . . . any arms or ammunition.
|
7 yrs and Life
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
25
(1- B)
|
Whoever- a) acquires, has in his possession or carries any firearm or
ammunition in contravention of Sec.3,
or
|
2 to 5 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
b) acquires,
has in his possession or carries in any place specified by notification u/s.4 any arms etc.
in contravention of that Sec. or
|
|
c) Sells or
transfers any fire arms which does
not bear the name of the maker etc…. as required by S.8 (2) or does any act
in contravention of sub-section. (1) of that
Sec. or
|
|
d) being a person to whom S.9(1) (a) (ii) or (iii)
applies, acquires etc . . . in contravention
of that Sec. or
|
|
e) sells or transfers, or converts etc. in
contravention of S.9(1) (b)
|
|
f) Brings into or takes out of India
any arms etc. in contravention of Sec.10, or
|
2 to 5 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
g) Transports any arms
etc.. in contravention of Sec.12, or
|
2 to 5 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
h) fails to deposit arms or
ammunition as required by Sec.3(2) or Sec.21(1) or
|
2 to 5 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
25
(1-C)
|
Notwithstanding anything
contained in sub-section (1-B) whoever commits an offence punishable under that
sub-section in any disturbed area
|
3 to 7 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
25 (2)
|
Whoever, being a person to whom Sec.9 (1)(a)(i) applies, acquires etc.. in
contravention of that Section
|
1 yr or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
25(3)
|
Whoever sells or transfers any
fire arms, ammunition or other arms in contravention of S.5 (2)(a) or (b)
|
6 Months
or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
25(4)
|
Whoever, fails to deliver –up a license
etc.
|
6 Months
or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
25(5)
|
Whoever, when required u/s.19 to
give his name etc. refuses
|
6 Months
or
|
200/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
25(6)
|
If any member of an organised
crime syndicate or any person on its behalf has at any time has in his
possession or carries any arms or ammunition in contravention of any provision of Chapter II
|
10 yrs and
Life
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
25(7)
|
Whoever on
behalf of a member of an organized
crime syndicate or a person on its behalf, —
|
10 yrs and
Life
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
25(8)
|
Whoever involves in or aids in the
illicit trafficking of firearms and
ammunition in contravention of Sections 3, 5, 6, 7 and 11
|
10 yrs and
Life
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
25(9)
|
Whoever uses firearm in a rash
or negligent manner or in celebratory gunfire so as to endanger humanlife or personal safety of others
|
2 yrs or
|
One Lakh
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
|
26(1)
|
Whoever does any act in
contravention of any of the provisions of Ss.3, 4, 10 or 12 in such manner etc.
|
6 Months to
7 yrs and
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
|
26(2)
|
Whoever does any act in
contravention of any of the provisions of Ss.5, 6, 7 or 11 in such manner etc.
|
5 to10 yrs
and
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
26(3)
|
Whoever . . any search being made
u/s.22 conceals etc.
|
10 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
27(1)
|
Whoever uses any arms or
ammunition in contravention of Sec.5
|
3 to7 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
|
27(2)
|
Whoever uses any prohibited arms
or ammunition in contravention of Sec.7
|
7 yrs to
Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
27(3)
|
Whoever uses any prohibited arms
etc. in contravention of Sec.7 and
such use or act results in the death of any other person.
|
Life or
Death and
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
28
|
Punishment for use and possession
of firearms or imitation firearms in
certain cases
|
7 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
|
29
|
Punishment for knowingly purchasing
arms etc. from unlicensed person or for delivering arms etc. to a person not entitled to possess it
|
3 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
|
30
|
Punishment for contravention of
license or rule
|
6 Months or
|
2000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
|
31
|
Punishment for sub-sequent offence
is double the penalty provided for the latter offence.
|
|
|
Note: All offences under the Arms Act shall
be cognizable as per Sec.38 of the Act.
To prosecute a person u/s.3 of the Act previous sanction of the
District Magistrate is necessary as per sec.39. For all arrests and searches made under this
Act provision of code of criminal procedure code shall be followed as per Sec.37 of the Act.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
****
THE COPY RIGHT ACT, 1957
(As amended by Act 27 of 2012)
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
63
|
Offence of infringement of
copyright or other rights conferred by this Act:- Any person who knowingly
infringes or abets the infringement of-
(a) the copyright in a work, or
|
6 Months
to 3 yrs and
|
50000/-
to 2 Lacs
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
(b) any other right conferred by
this Act, except the right conferred by section 53A
|
|
63-A
|
Enhanced penalty on second and
subsequent conviction:- Whoever having already been convicted of an offence under
section 63 is again convicted of any such
offence.
|
1 yr to 3 yrs
and
|
1 Lakh to
2 Lakhs
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
63-B
|
Any person who knowingly makes
use on a computer of an infringing copy of a computer programme is liable for
punishment
[Where the computer programme
has not been used for gain or in the course of trade or business, court may,
for reasons to be mentioned in the judgment, not impose any sentence of
imprisonment and impose a fine which may extend to fifty thousand rupees.
|
7 days to
3 yrs. and
|
50000/- to
2 Lakhs
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
65
|
Any person who knowingly makes,
or has in his possession, any plate for the purpose of making infringing copies
of any work
in which copyright subsists
|
2 yrs and
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
65A
|
Protection of technological measures.—(1)
Any person who circumvents an effective technological measures applied for the
purpose of protecting any of the rights conferred by this Act,with the intention of infringing such rights,
|
|
65B
|
Protection of Rights Management
Information.—Any person, who knowingly, — (i) removes or alters any rights
management information without authority, or (ii) distributes, imports for
distribution, broadcasts or communicates to the public, without authority,
copies of any work, or performance knowing that electronic rights management information
has been removed o raltered without
authority,
|
|
67
|
Penalty for making false entries
inregister, etc., for producing or tendering false entries. -
|
1 yr or
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
68
|
Penalty for making false statements
for the purpose of deceiving or influencing
any authority or officer.
|
1 yr or
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
68A
|
Penalty for contravention of S.52A-person
who publishes a (sound recording) or a video
film in contravention of Sec.52-A
|
3 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
****
TRADE MARKS ACT, 1999
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
103
|
Penalty for applying false trade
marks, trade descriptions, etc.—Any person who—
|
6 Months
to 3yrs, &
|
50000/-
To 2 Lacs
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
104
|
Penalty for selling goods or
providing services to which false trade mark or false trade description is applied.
|
|
105
|
Enhanced penalty on second or
subsequent conviction.—Whoever having already been convicted of an offence
under Section 103 or Section 104 is again convicted of any such offence
|
1 yr to 3 yrs and
|
1 Lakh
to
2 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
106
|
Penalty for removing piece
goods, etc., contrary to Section 81. If any person removes or attempts to
remove or causes or attempts to cause to be removed for sale from any
premises referred to in Sec. 81 or sells or exposes for sale or has in his
possession for sale or for any purpose of trade or manufacture piece goods or
cotton yarn or cotton thread which is not marked as required by that section,
every such piece and every such bundle of yarn and all such thread and everything
used for the packing thereof shall be forfeited to Government and such person
|
----
|
1000
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
107
|
Penalty for falsely representing
a trademark as registered.
(2) If any person contravenes any
of the provisions of sub-section (1),
he shall be punishable with imprisonment for a term which may extend to three
years, or with fine, or with both.
|
3 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
108
|
Penalty for improperly describing
a place of business as connected with the Trade Marks Office.—If any person uses
on his place of business, or on any document
issued by him,
|
2 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
109
|
Penalty for falsification of entries in the register.
If any person makes, or causes to
be made, a false entry in the register, or a writing falsely purporting to be
a copy of an entry in the register, or produces or tenders or causes to be
produced or tendered, in evidence any such writing, knowing the entry or
writing to be false, he
|
2 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
****
THE DRUGS AND COSMETICS ACT, 1940
AMENDMENT ACT, 2008
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
27
|
Penalty for manufacture, sale etc- whoever, himself or by any other person on his behalf, manufactures for sale or for distribution,
or sells, or stocks or exhibits or offers for sale or distributes-
|
|
27(a)
|
Any drug deemed to be
adulterated u/s.17A or spurious u/s.17B or which when used by any person for
or in the diagnosis, treatment. Mitigation, or prevention of any disease or
disorder is likely to causehis death or is likely to causesuchharmon his body
as would amount to grievous hurt within the meaning of S.320 of IPC solely on
account of such drug being adulterated or spurious or not of standard quality as the case may be, be punishable
|
10 yrs and
Life and
|
Not less
than
10 Lakh
|
Non Cognizable
|
Bailable
|
Sessions Court
|
|
27(b)
|
Any drug- i) deemed to be
adulterated u/s.17A, but not being a drug referred to in clause (a), or
ii) without a valid license as required
u/clause (c) of S.18 be punishable
|
N.L.
3 to 5 yrs
|
N.L. 10
Lakh
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
27(c)
|
Any drug deemed to be spurious u/s.17B,
but not being a drug referred to in clause (a) be punishable
|
N.L.
7 yrs
|
N.L
3 Lakh
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
27(d)
|
Any drug other than a drug
referred to in clause (a)or clause (b) or clause (c), in contravention of any
other provision of this Chapter or any rule made
thereunder, shall be punishable with
|
1 to 2 yrs
and
|
N.L.
20,000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
27-A
|
Penalty for manufacture, sale,
etc., of cosmetics in contravention of this Chapter- Whoever himself or by
any other person on his behalf manufactures for sale or for distribution, or sells,
or stocks or exhibits or offers
for sale. (i) any cosmetic deemed to be spurious u/s. 17C be punishable
|
3 yrs and
|
NL
50,000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
(ii) any cosmetic other than a
cosmetic referred to in clause (i) above in contravention of any provision of
this Chapter or any rule made thereunder be
punishable with
|
1 yr or
|
Rs.20000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
28
|
Penalty for non-disclosure of
the name of the manufacturer, etc.—Whoever contravenes the provisions of sec.
18A or sec.24 be punishable
|
1 yr or
|
N.L
20000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
28-A
|
Penalty for not keeping documents,
etc., and for non- disclosure of information- Whoever without reasonable cause
contravenes the provisions of Sec.18B
be punishable
|
1 yr or and
|
N.L
20000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
28-B
|
Penalty for manufacture, or sells
or distributes any drug or cosmetics in contravention of Sec.26A
|
3 yr and
|
5000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
29
|
Penalty for use of Govt. Analyst’s report for
advertising –
|
--
|
5000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
30(a)
|
Penalty for subsequent offences.
Whoever having been convicted of an offence,—
|
N.L.
7 to 10 .yrs
|
N.L.
2 Lakh
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
30(b)
|
under clause (c) of section 27,
is again convicted of an offence under that clause
|
N.L.
10 yrs Life
|
N.L.
3 Lakh
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
30(c)
|
under clause (d) of section 27,
is again convicted of an offence under that clause
|
N.L.
2 to 4 yrs or
|
N.L.
50000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
(1A)
|
Whoever, having been convicted of
an offence under Section 27A is again convicted under that section
|
2 yrs or
|
2000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
(2)
|
Whoever, having been convicted of
an offence under 3 *** Section 29 is again convicted of an offence under the
same section
|
2 yrs or
|
N.L.
10000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
33-I
(1)
|
Penalty for manufacturer, sale, etc., of Ayurvedic, Siddha or Unani drug in
contravention of this Chapter– whoever himself or by any other person on
his behalf – Manufactures for sale or for distribution
– (a) any Ayurvedic, Siddha or Unani
drug i) deemed to be adulterated u/s.33EE, or ii) without a valid license as required
under clause (c) of Sec.33EEC shall
be punishable with
|
1 yr and
|
N.L.
20000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
(b) any Ayurvedic, Siddha or
Unani drug deemed to be spurious u/s.32EEA, shall be punishable with
|
1 to 3 yrs and
|
N.L.
50000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
(c) any Ayurvedic, Siddha or Unani
drug in contravention of the provisions
of any notification issued under Section 33EED
|
3 yrs and
|
50000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
(2)
|
contravenes any other provisions
of this Chapter or of Sec.24 as applied by Sec.33H or any rule made under
this Chapter, shall be punishable
|
6 Months
And
|
N.L.
10000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
33.J
|
Penalty for subsequent
offences.—Whoever having been convicted of an offence,— (a) under clause (a)
of sub-section (1) of Section33-I is again convicted
of an offence under that clause,
|
2 yr and
|
N.L.
50000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
(b) under clause (b) of sub-section
(1) of Section 33-I is again convicted of an offence under that clause,
|
N.L
2 to 6 yrs and
|
N.L
1 Lakh
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
(c) under sub-section (2) of Section33-I
is again convicted of an offence under that sub-section,
|
1 yr and
|
N.L.
20000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
« Section.22 Powers of Inspector: Since
Inspector has no power of arrest under this Act, all offences seem to be
bailable.
Note: Prosecution under drugs and cosmetics
Act can be instituted only by filing a complaint by the drugs inspector and the
Police has no jurisdiction to register FIR and investigate into the offence under
the Act.
****
THE ELECTRICITY ACT, 2003
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
135
|
Theft of electricity
|
3 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
136
|
Theft of electric lines and materials
|
3 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
(2) If a person, having been
convicted of an offence punishable under sub-section(1) is again guilty of an offence punishable under that sub-
section, he shall be punishable for the second or subsequent offence for a term
of imprisonment which shall not be less
than
|
6 Months
to 5 yrs. &
|
Not less than10000
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
137
|
Punishment for receiving stolen
property-Whoever, dishonestly receives any stolen electric line or material knowing
or having reasons to believe the same
to be stolen property,
|
3 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
138
|
Interference with meters or works
of licensee
|
3 yrs
|
10,000
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
(1) whoever (a) unauthorized
connects any meter, indicator or apparatus with any electricline through
which electricity supplied by licensee or disconnects the same; or
(b) un-authorized reconnects any
meter, indicator or apparatus with electric line or other works being the
property of a licensee when the said electric line or other works has or have
been cut or disconnected; or
(c) lays or causes to be laid, or
connects up any worksfor the purpose of communicating with any other works
belonging to a licensee; or
(d)
Maliciously injures any meter, indicator, or apparatus belonging to a
licensee or willfully or fraudulently alters the index of any such meter, indicator
or apparatus or prevents any such meter, indicator
or apparatus from duly registering
|
|
In case of continuing offence
|
---
|
Daily
500/-
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
139
|
Negligently breaking or damaging
works– Whoever, negligently breaks, injures, throws down or damages any material
connected with the supply of electricity,
|
---
|
10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
140
|
Penalty for intentionally
injuring works with intent to cutoff the supply of electricity or injures or
attempt to do so
|
---
|
Upto 10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
141
|
Extinguishing public lands–
Whoever, maliciously extinguishes any public lamp
|
---
|
2,000/-
|
Cognizable
|
Bailable
|
Spl. Court
|
|
142
|
Punishment non-compliance of directions
by appropriate commission
|
Penalty not exceeding
1 Lakh on each breach
|
Cognizable
|
Bailable
|
Spl. Court
|
|
150
|
Abetment (1) whoever an abets punishable
under this Act be punished
|
Punishment provided
for such offence
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
(2) if any officer or other employee
of the board or the licensee enters into or acquiesces in any agreement to
do, abstains from doing , permits, conceals or connives at any act or thing whereby
any theft of electricity is committed
|
Upto 3 yrs
or
|
Fine
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
|
Note: Special court presided over by a Judge of the Addl. District and
Sessions Judge cadre constituted U/s.153
of the Act is competent to take cognizance of an offence without the accused
being committed to it for trial as per 2nd Proviso of S.151. Constraint on taking cognizance by Spl. Court
u/s.151 is enlarged by adding 1st Proviso (Act.26 of 2007) to
Sec.151, by which the court may also take cognizance upon a report of a
Police officer filed u/s.173 CrPC. Sec.151-A
added by Act 26 of 2007 (w.e.f. 15.06.2007) empowers the Police officer to investigate an offence under this Act
by giving all powers as provided in Ch-XII of Cr.P.C.S.151-B [Act 26 of 2007] makes offences u/s.135 to 140 and 150 cognizable and non-bailable.
U/s. 152(1), theft of electricity punishable under this Act is compoundable
on payment of money in accordance with sub-section (1) by appropriate Govt.
or an officer empowered in this behalf. Such compounding of offence amount to
an acquittal within the meaning of Sec.300 CrPC. But, compounding an offence u/s.152(1) is allowed
only once for any person.
|
|
|
|
|
|
|
|
|
|
|
|
|
THE EXPLOSIVES ACT, 1884
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
9-B
(1)
|
Punishment of certain offences:-Whoever, in
contravention of rules made U/s. 5 or of the conditions of a licence granted
under the said rules-
(a) manufactures, imports or export any
explosive shall be punishable with
|
3 yrs or
|
5000/-
|
*Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
(b) possesses, uses, sells or
transports any explosive shall be
punishable with
|
2 yrs or
|
3000/-
|
*Cognizable
|
Bailable
|
Magistrate
Court
|
|
(c)
In anyother case,
|
--
|
1000/-
|
*Cognizable
|
Bailable
|
Magistrate
Court
|
|
(2)
|
Whoever in contravention of a notification
is sued U/s.6 manufactures, possesses or imports any explosive shall be punishable
|
3 yrs or
|
5000/-
|
*Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
and in the case of importation
by water, the owner and master of the vesselor in the case of importation by
air, the owner and the master of the aircraft, in which the explosive is imported
shall, in the absence
of reasonable excuse, each be punishable
|
_
|
5000/-
|
*Cognizable
|
Bailable
|
Magistrate
Court
|
|
(3)
|
Whoever,– (a) manufactures, sells, transports, imports, exports or
possesses any explosive in contravention of the provisions of clause (a) of Sec.6-A; or
|
3 yrs or
|
Fine
|
*Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
|
(b) sells, delivers or
despatches any explosive in contravention of the provisions of clause (b) of
that section, shall be punishable with
|
3 yrs or
|
Fine
|
*Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
(c) in contravention of the
provisions of Section 8 fails to give notice of any accident shall be punishable,-
(i) with fine which may extend to
five hundred rupees,or
|
_
|
500/-
|
*Cognizable
|
Bailable
|
Magistrate
Court
|
|
(ii) if the accident is attended
by loss of human life
|
3 Months
or
|
Fine
|
*Cognizable
|
Bailable
|
Magistrate
Court
|
|
*Section.13-Powertoarrestwithoutwarrantpersonscommittingdangerousoffences
|
EXPLOSIVE SUBSTANCES ACT, 1908
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
3.
(a)
|
Punishment for causing explosion
likely to endanger life or property
|
|
Any explosive substance an
explosion of a nature likely to endanger life or to cause serious injury to
property shall, whether any injury to person or property has been actually caused
or not, be punished with
|
Life/ RI
not less than
10 yrs. &
|
Fine
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
(b)
|
Any special category explosive
substance an explosion of a nature likely to endanger life or to cause
serious injury to property shall, whether any injury to person or property has
been actually caused or not, be punished
|
Death/ RI
for Life and
|
Fine
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
4.
|
Punishment for attempt to cause
explosion, or for making or keeping explosive with intent to endanger life or
property:- Any person who unlawfully and maliciously
|
|
(a)
|
Does any act with intent to
cause by an explosive substance or special category explosive substance, or
conspires to cause by an explosive substance or special category explosive
substance, an explosion of a nature likely to endanger life or to cause serious injury to property; or
|
Life/ for
10 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions
Court
|
|
(b)
|
Makes or has in his possession
or under his control any explosive substance or special category explosive
substance with intent by means thereof to endanger life, or cause serious
injury to property, or to enable any other person by means thereof to endanger
life or cause serious injury to property in India, shall, whether any explosion
does or does not take place and whether any
injury to person or property has been actually caused or not, be punished,—
|
|
(i) in the case of any explosive substance,
|
Life or
10 yrs &
|
Fine
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
(ii) in the case of any special category
explosive substance,
|
RI for L/
10yrs &
|
Fine
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
5.
|
Punishment for making or possessing
explosives under suspicious circumstances (a) in the case of any explosive substance,
|
10 yrs and
|
Fine
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
(b) in
the case of any special category explosive substance,
|
RI for L/
10 yrs. &
|
Fine
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
6.
|
Punishment of abettors
|
Punishment
forsuch offence
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
Note: Sec.7– Restriction on trial of
offences – No court shall proceed to the trial of any person for an offence
under this Act except with the consent of the District Magistrate.
|
*****
THE FOREIGNERS ACT, 1946 (AMENDMENT)
ACT, 2004
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
14.
|
Whoever
|
As per GSR 448 (E) dated
19-05-2004
|
|
|
|
|
(a) remains in any area in India for
a period exceeding the period for which
the visa was issued to him;
|
5 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Chief Judicial Magistrate
|
|
(b) does any act in violation of the
conditions of the valid visa
issued to him for his entry and stay in India or any part there under;
|
|
(c) contravenes the provisions of
this act or any order made thereunder or any direction given in pursuance of this
act or such order for which no specific
punishment is provided under this act.
|
|
14A
|
Penalty for entry in restricted area
|
|
(a) Enters in to any area in India, which
is restricted for his entry under any order madeunder this Act, without
obtaining a permit from the authority or remains in such area beyond the specified period in the permit for his
stay; or
|
2 to 8 yrs
|
10000/-
50000/-
|
Cognizable
|
Non Bailable
|
Chief Judicial Magistrate
|
|
(b) Enters into or stays in any area
in India without the valid documents
required for such entry or state
|
|
14B
|
Penalty for using forged
Passport:– Whoever knowingly uses a forged passport for entering in India or remains
there in without the authority of Law.
|
2 - 8 yrs
and
|
10000/- 50000/-
|
Cognizable
|
Non Bailable
|
Chief Judicial Magistrate
|
|
14C
|
Penalty for abetment:– Whoever abets any offence
punishable u/S.14 or 14-A or 14-B shall, if the act abetted is committed on
such abetment, be punished
|
Punishment provided
for the offence
|
Cognizable
|
Non Bailable
|
Chief Judicial Magistrate
|
****
THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/NB
|
TC
|
|
Imprisonment
|
Fine
|
|
3
|
Punishment for keeping a brothel
or allowing premises to be used as a brothel.
|
|
3(1)
|
Person who keeps or manages, or acts
or assists in keeping or management of a brothel
|
RI-1 to 3 yrs and
|
Rs.2000/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
1. On first conviction
|
RI–2 to 5 and
Rs.10,000/-
|
|
|
|
|
In the event of a second or subsequent conviction
|
RI–3 to 7 yrs and
Two lakh rupees
|
|
|
|
|
On 2nd or subsequent
|
RI- 2-5 yrs.
and
|
Rs.2000/-
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
3(2)
|
(a) Person being tenant, lessee, occupier
uses or knowingly allows any other person to use such premises as a brothel
(b) being owner, lessor or landlord of any premises or agent of them lets the
premises with the knowledge that the same is intended to be used as a brothel,
or is willfully a party to the use of
such premises as a brothel.
|
|
On 1st conviction
|
2 yrs and
|
2000/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
On 2nd or subsequent
|
RI-5 yrs and
|
Fine
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
4
|
(1) Any person over the age of 18 years
who knowingly lives, on the earnings
of prostitution of any other person.
|
2 yrs or
|
1000/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
Where such earnings relate to
prostitution of a child or minor.
|
7 to 10 yrs
|
-
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
5
|
1) Procuring, inducing or taking person
for sake of prostitution
|
RI-3 to 7 yrs
and
|
2000/-
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
If offence under this sub-section is committed
against the will of the
person.
|
7 to 14 yrs
|
-
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
If the person in respect of whom an offence
committed under this
sub-sec. is (i) a child
|
7 yrs
upto life
|
-
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
(ii) a Minor
|
RI-7 to 14 yrs
|
|
|
|
|
|
6(1)
|
Detaining a person in premises where
prostitution is carried on
|
7 yrs to Life
And
|
1 Lack
|
Cognizable
|
Non Bailable
|
Sessions
Court
|
|
7(1)
|
Prostitution in or in the vicinity
of public place–
|
3 Months
|
-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
7 (1A)
|
Where offence committed u/sub-sec.(1)
is in respect of a child or minor
|
7 yrs to Life
And
|
Fine
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
|
(2) Any person who—
|
3 Months or
|
200/-
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
|
Second or subsequent conviction
|
6 Months and
|
200/-
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
8
|
Seducing or soliciting for
purpose of prostitution– whoever, in any public place or within sight of, and
in such a manner as to be seen or heard from any public place whether from any
building or house or not – (a) by words, gestures, willful exposure of his
person or attempts or attracts any person for the purpose of prostitution, or
(b) solicits or molests any person, or loiters or acts in such manner as to cause
obstruction or annoyance to persons residing nearby or passing or offend public decency for the purpose
of prostitution
|
|
On 1st conviction
|
6 Months or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
On 2nd or subsequent conviction
|
1 yr and
|
500/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
|
If this offence is committed by a
man
|
7 days –
3 Months
|
-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
9
|
Seduction of a person in custody – Any person who having the
custody, charge or care of or in a position of authority over any person causes
or aids or abets the seduction for prostitution of that shall be punishable on conviction
|
7 yrs to Life And
|
Fine
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
Note: As per Sec.13 all offences under the Act shall be cognizable. As per Sec.22 Metropolitan Magistrate or
Judicial Magistrate 1st Class shall try offences u/Ss.3 to 8.
|
****
INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
65
|
Tampering with computer source
documents- Whoever knowingly or intentionally conceals, destroys or alters or
intentionally or knowingly causes another to conceal, destroy or alter any
computer source code used for a computer, computer programme, computer system
or computer network, when the computer source code is required to be kept or maintained
by law for the time being in force,
|
3 yrs or
|
2 Lakhs
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
66
|
Computer related offences– Any act
referred to in Section 43
|
3 yrs or
|
5 Lakhs
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
66-A
|
Sending offensive messages through
communication device or computer resource
|
3 yrs and
|
Fine
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
66-B
=411 1C
|
Dishonestly receiving stolen computer
resource or communication device
|
3 yrs or
|
1 Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
66-C
|
Fraudulently or dishonestly
using the electronic signature, password or any other unique identification feature
of any other person
|
3 yrs and
|
1 Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
66-D
|
Cheating by personationbyusingcommunicationdevice
or computer resource
|
3 yrs and
|
1 Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
66-E
|
Intentionally or knowingly captures,
publishes or transmits the image of
a private area of any person without his consent, violating privacy of that
person
|
3 yrs or
|
2 Lakhs
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
66-F
|
Cyber terrorism- (1) Whoever– (A)
Threatens the unity, integrity, security or sovereignty of India or to strike
terror in the people by (i) denying access to any person authorized to access
computer resource, or
(ii) attempting to access a computer
resource without authorization, or
(iii) introducing or causing to
introduce any computer contaminant and thereby causes or is likely to cause death
or injuries to persons or damage to or destruction of property knowingly
(B) Knowingly or intentionally
access a computer resource without authorization that is restricted for reasons
for the security of the state or foreign relations which makes to believe that
such information or computer data base obtained may be used to cause or likely
to cause injury to the interests of
the sovereignty and integrity of India, the security of the state etc.
|
|
(3) Whoever commits or conspires to commit
cyber terrorism
|
Life
|
-
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
67
|
Publishing of information which is
obscene in electronic form, shall be punished on 1st conviction
|
3 yrs and
|
Upto
5 Lakhs
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
Be punished on 2nd conviction
|
5yrs
|
10 Lakhs
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
67-A
|
Publishing
or transmitting any material which contains sexually explicit act in the electronic
form - - - 1st
conviction
|
5 yrs and
|
10 Lakhs
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
2nd or subsequent conviction
|
7 yrs
|
10 Lakhs
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
67-B
|
Publishers or transmits material
which depicts children engaged in sexually explicit act or conduct in any
electronic form; facilitates abusing children online;
|
5 yrs
|
10 Lakhs
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
2nd or subsequent conviction
|
7 yrs
|
10 Lakhs
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
67-C
|
Intermediary who intentionally
or knowingly did not preserve and retained such information as may be specified
for such duration and in such manner & format as prescribed by Central Govt.
|
3 yrs
|
---
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
68(2)
|
Any person who intentionally or knowingly
fails to comply with any order
issued by the controller under sub-section.1 is punishable
|
2 yrs or
|
Rs. 1 Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
69
|
When the subscriber or
intermediary or any person who fails to assist any agency of the
Central government or a State government for preventing incitement to the
commission of any cognizable offence relating to the sovereignty or integrity
of India, defence of India, security of the state, friendly relation with
foreign state or public order for investigation of any offence by order
directs any agency of the government to intercept, monitor or decrypt or
cause to be intercepted or monitors in any computer resource such subscriber
or intermediary or any person in-charge of computer resource who fails to assist
the authorized agency is punishable
u/S.69 (4)
|
7 yrs
|
Fine
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
69A
|
Failure to comply with
directions for Blocking for Public Access of any information through any
computer resource
|
7 yrs
|
Fine
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
69B
|
Failure to comply with directions to Monitor
and Collect Traffic Data
|
3 yrs Or
|
1 Lakh
or Both
|
Non Cognizable
|
Bailable
|
Any Magistrate
|
|
70
|
Protected system. Any unauthorized access to
such system
|
10 yrs
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
70(3)
|
Protected system– Any person who
secures access or attempts to secure access to a protected system in contravention of the provisions of this
section
|
10
yrs and
|
Fine
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
71
|
Penalty for misrepresentation
|
2 yrs or
|
1Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
72
|
Penalty for breach of confidentiality
and privacy
|
2 yrs or
|
1Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
72-A
|
Punishment for disclosure of information
in breach of lawful contract
|
3 yrs or
|
Upto
5Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
73
|
Penalty for publishing [ElectronicSignature] Certificate false in certain particulars:-
(2) Any person who contravenes the
provisions of sub-section (1) of Sec.73.
|
2 yrs or
|
1Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
74
|
Publication for fraudulent purpose
|
2 yrs or
|
1Lakh
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
84-B
|
Punishment for abetment of
offences
|
Same punishment provided for the
offence committed on
abetment.
|
|
84-C
|
Punishment for attempt to commit
offences
|
½ of the longest term of the
imprisonment provided for that offence or such fine. Provided for the offence
or with both.
|
|
Note: As per the
Section 75 of the Act, this act will apply to an offence or contravention committed
even outside India by any person if the act or conduct constituting the offence
involves a computer, computer system or computer network located in India. All offences under this act are compoundable
except those having punishment for life or imprisonment for a term exceeding
3 years (Sec.77A). Offences punishable with imprisonment of 3 years shall be
bailable and offences punishable with imprisonmentof 3 years and above shall
be cognizable u/s.77B. A Police officer not below the rank of Inspector shall
investigate any offence under this Act (Sec.78) as per amended Act 2008. As
per Sec.80 Police officer not below the rank of Inspector or any other officer
authorized by Central/State Govt. may enter any public place and he can search
and arrest without warrant any person found therein who is suspected of committing
or having committed any offence under this Act. Provisions of Cr.P.C. applies to any entry, search or arrest made under this
Section
|
THE JUVENILE JUSTICE (CARE AND PROTECTION
OF CHILDREN) ACT, 2015
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/NB
|
TC
|
|
Imprisonment
|
Fine
|
|
74(3)
|
Prohibitionon disclosure of
identity of children. Any person contravening
the provisions of sub-section (1)
|
6 Months
or
|
2 Lakhs
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
75
|
Punishment for cruelty to
child.—Whoever, having the actual charge of, or control over, a child, assaults,
abandons, abuses, exposes or wilfully neglects the child or causes or
procures the child to be assaulted, abandoned, abused, exposed or neglected in
a manner likely to cause such child unnecessary mental or Physical suffering
|
3 yrs or
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
76
|
Employment of child for begging.—(1)Whoever employs or uses any child for the
purpose of begging or causes any child to beg
|
5 yrs and
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
77
|
Penalty for giving intoxicating liquor
or narcotic drug or psychotropic substance to a child.—Whoever gives, or
causes to be given, to any child any intoxicating liquor or any narcotic drug
or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner,
|
7 yrs and
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
78
|
Using a child for vending,
peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic
drug or psychotropic substance.—Whoever uses a child, for vending, peddling,
carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance,
|
7 yrs and
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
79
|
Exploitation of a child
employee.—Notwithstanding anything contained in any law for the time being in
force, whoever ostensibly engages a child and keeps him in bondage for the
purpose of employment or withholds his earnings or uses such earning for his own purposes
|
5 yrs and
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
80
|
Punitive measures for adoption
without following prescribed procedures.—If any person ororganisation offers
or gives or receives, any orphan, abandoned or surrendered child, for the
purpose of adoption without following the provisions or procedures as provided
in this Act, such person or organisation
|
Upto 3 yrs or
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
81
|
Sale and procurement of children
for any purpose. — Any person who sells or buys a child for any purpose
|
5 yrs and
|
1 Lakhs
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
82
|
Any person in-charge of or
employed in a child care institution, who subjects a child to corporal
punishment with the aim of disciplining the child, shall be liable, on the
first conviction, to a fine of ten thousand rupees and for every subsequent
offence, shall be liable for imprisonment which may extend to three months or fine or with both.
|
3 Months
Or
|
10000/-
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
83
|
Use of child by militant groups
or other adults.—(1) Any non-State, self-styled militant group or outfit
declared as such by the Central Government, if
recruits or uses any child for any purpose,
|
7 yrs and
|
5 Lakhs
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
*****
MOTOR VEHICLES ACT, 1988
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
177
|
General provision for punishment
of offences
|
-
|
Rs.100/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
-
|
Rs.300/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
178
|
Penalty for travelling without pass
or ticket etc.
|
-
|
Rs.5000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
179 (1)
|
Disobedience of orders
obstruction and refusal of information
|
-
|
Rs.5000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
(2)
|
Whoever being required to supply
any information, willfully withholds such information, or gives false
information
|
1 Month or
|
Rs.5000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
180
|
Allowing unauthorized persons to
drive vehicles
|
3 Months or
|
Rs.1000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
181
|
Driving vehicles in contravention of Sec.3 or
Sec.4
|
3 Months or
|
Rs.5000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
Sec.3 Necessity for driving license; Sec.4 Age
limit in connection with driving of Motor Vehicles.
|
|
182(1)
|
Offencesrelatingtolicences
|
3 Months or
|
Rs.500/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
(2)
|
Whoever being disqualified under
the Act for holding or obtaining a
conductor’s licence, acts as a conductor
|
1 Month or
|
Rs.100/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
182-A
|
Punishment for offences relating
to construction and maintenance of vehicles
in contravention of Sec.109 (3)
|
--
|
Rs.1000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
Subsequent offence
|
--
|
Rs.5000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
183(1)
|
Driving at excessive speed etc
|
-
|
Rs.400/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
-
|
Rs.1000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
(2)
|
Whoever causes any person, who is
employed by him, to drive a motor
vehicle in contravention of the speed limit
|
-
|
Rs.300/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
-
|
Rs.500/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
184
|
Driving dangerously
|
6 Months or
|
Rs.1000/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
2 yrs. or
|
Rs.2000/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
185
|
Driving by a drunken person or by
a person under the influence of drugs
|
6 Months
or
|
Rs.2000/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
2 yrs. or
|
Rs.3000/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
186
|
Driving when mentally or physically
unfit to drive
|
-
|
Rs.200/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
-
|
Rs.500/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
187
|
Punishment for offences relating
to accident– whoever fails to comply provisions of Ss.132 to 134 (Duty of driver
to stop in certain cases, duty of owner of vehicle to give information and duty
of driver in case of accident &
injury to a person).
|
3 Months or
|
Rs.500/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
6 Months or
|
Rs.1,000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
188
|
Whoever abets the commission of an
offence u/s.184, 185 or Sec.186
|
PMT provided for the offence
|
as the offence
|
|
|
189
|
Racing and trials of speed without
the written consent
|
1 Month or
|
Rs.500/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
190(1)
|
Using vehicle in unsafe conditions
|
-
|
Rs.250/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
If accident caused
|
3 Months or
|
1,000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
(2)
|
Any person who drives a motor vehicle
which violates the standards prescribed in relation to road safety
|
-
|
1,000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
-
|
2,000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
192
|
Using vehicle without registration
|
-
|
2,000/- to
5,000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
|
2nd or subsequent offence
|
1 yr or
|
5,000/- to
10,000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
192-A
|
Using vehicle without permit
|
--
|
2,000/- to
5000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
2nd or subsequent offence
|
1 yr or
|
5,000/- to
10,000/
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
194
|
Driving vehicle exceeding permissible
weights
|
-
|
2,000/-
&
1000/-
@ Ton
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
194(2)
|
Refuse to stop and submit his vehicle
for weighing
|
-
|
3,000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
196
|
Driving uninsured vehicle
|
3 Months or
|
1,000/-
|
Non
Cognizable
|
Bailable
|
Magistrate
Court
|
|
Note: S.203
empowers Police or an officer of M.V. Dept. to hold breath tests on any person
driving or attempting to drive a Motor Vehicle in public place on reasonable
suspicion of committing offence U/s.185. Police officer in uniform may arrest without
warrant any person who commits an offence U/Ss. 184 or 185 or 197 in his presence (S.202).
|
|
|
|
|
|
|
|
|
|
|
N.D.P.S. ACT, 1985
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
Trial Court
|
|
Imprisonment
|
Fine
|
|
15
(a)
|
Punishment for contravention in relation
to poppy straw.
|
|
Where the contravention
involves small quantity
|
RI-6 Months
or
|
upto 10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate
Court
|
|
(b)
|
Where the contravention involves
quantity lesser than commercial quantity
but greater than small quantity.-
|
R.I-10 yrs.
And
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
(c)
|
Where contravention involves commercial
quantity.-
|
R.I-20 yrs
And
|
1 to 2 Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
16
|
Punishment for contravention in relation
to coca plant and coca leaves.-
|
R.I-10 yrs
And
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
17
(a)
|
Punishment for contravention in relation
to prepared opium
|
|
Where the contravention
involves small quantity
|
RI- 6 Months
or
|
upto 10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate Court
|
|
(b)
|
Where the contravention
involves small quantity
lesser than c.q. but greater than small quantity
|
R.I-10 yrs.
And
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
|
Where the contravention involves
commercial quantity.
|
RI-10 to
20 yrs. And
|
1 to 2 Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
18
(a)
|
For contravention in relation to
opium poppy and opium.
|
|
Where the contravention
involves small quantity,
|
R.I- 6 Months
or
|
upto 10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate
Court
|
|
(b)
|
Contravention involves small quantity,
|
R.I-20 yrs.
And
|
1 to 2 Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
(c)
|
In any other case.
|
R.I- 10 yrs.
And
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
19
|
Punishment for embezzlement of opium
by cultivator. -
|
RI-10 to
20 yrs.
And
|
1 to 2 Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
20
(i)
|
Punishment for contravention in relation
to cannabis plant and cannabis.
|
|
Where such contravention relates
to clause (a) of Section 20
|
R.I-10 yrs.
And
|
Upto
1 Lakh
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
(ii)
|
Where such contravention relates
to sub-clause (b) of Section 20
(A) and involves small quantity
|
R.I- 6 Months
or
|
Upto 10,000/-
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
|
(B) and involves quantity less than com. qty. but greater than small
quantity
|
R.I-10 yrs
And
|
Upto
1 Lakh
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
(C) and involves commercial quantity
|
RI-10 to
20 yrs And
|
1 to 2 Lakhs
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
21
(a)
|
For contravention in relation to
manufactured drugs and preparations.
|
|
Contravention involve small quantity
|
R.I- 6 Months
or
|
upto 10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate
Court
|
|
(b)
|
Involves quantity lesser than commercial
quantity but greater than small quantity.
|
R.I-10 yrs
And
|
Upto
1 Lakh
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
(c)
|
Contravention involves commercial
quantity
|
RI-10 to
20 yrs And
|
1 to 2 Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
22
(a)
|
Punishment for contravention in relation
to psychotropic substances
|
|
Contravention involves small quantity
|
R.I-6 Months or
|
Upto 10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate
Court
|
|
(b)
|
Involves quantity lesser than commercial
quantity but greater than small quantity.
|
RI-10 yrs
And
|
Upto
1 Lakh
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
(c)
|
Contravention involves commercial
quantity
|
RI-10 to
20 yrs And
|
1 to 2 Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
23
(a)
|
For illegal import into India, export
from India, or transshipment of NDPS
|
|
Contravention involves small quantity
|
RI-6 Months or
|
Upto 10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate
Court
|
|
(b)
|
Involves
quantity lesser than com. qty. but greater
than small quantity
|
R.I-10 yrs.
And
|
Upto
1 Lakh
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
(c)
|
Contravention involves commercial
quantity
|
RI-10 to
20 yrs. And
|
1 to 2
Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
24
|
Punishment for external dealings
in ND&PS in contra to Sec.12
|
RI-10 to
20 yrs. And
|
1 to 2 Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
25
|
For allowing premises etc. to be
used for commission of offence
|
Punishment provided for that offence
|
|
25-A
|
Punishment for contravention of orders
made u/S.9-A
|
R.I-10 yrs
And
|
1 Lakh
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
26
|
Punishment for certain act by licensee
or his servants
|
3 yrs. or
|
Fine
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate
Court
|
|
27
|
Punishment for consumption of any
NDPS-
|
|
(a) Where the NDPS consumed is
cocaine, morphine, diacetyl-morphine or any other NDPS as may be specified in
this behalf by the Central Govt.
|
R.I-1 yr or
|
upto 20,000/-
|
Cognizable
|
Non Bailable
|
Spl. Court/
Magistrate Court
|
|
(b) Where the NDPS consumed
other than those specified in or under clause (a)
|
6 Months
or
|
upto 10,000/-
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate
Court
|
|
27A
|
For financing illicit-traffic and
harbouring offenders
|
R.I-10 to
20 yrs And
|
1 to 2 Lakhs
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
28
|
Attempttocommitoffences.
|
Punishment provided for that offence
|
|
29
|
Abets or is a party to a
criminal conspiracy to commit an offence
|
Punishment provided for that offence
|
|
30
|
Preparation to do or omit to do
which an offence u/s.19, 24 and 27-A involving comm. Quantity
|
R.I. which shall not be less
than ½ of the min. term (if any) extendable upto ½ of the max. term of such
offence & Fine
|
|
31
|
Enhanced punishment for offences
after previous conviction
|
R.I. for a term upto ½ of the max.,
term and fine upto ½ of the maximum.
|
|
31A
|
Death penalty for offences u/S.19,
24, 27-A involving commercial quantity after previous conviction
|
|
32
|
Offence for which no punishment is
provided
|
6 Months
or
|
Fine
|
Cognizable
|
Non
Bailable
|
Spl. Court/
Magistrate
Court
|
|
Note: u/S.37 of the Act every offence under this Act shall be cognizable & Non-bailable
Accused U/Ss.19, 24, 27A and in
offences involving commercial quantity cannot be released on bail without
hearing public prosecutor.
As per Sec.36-A(1) (a), offences under this Act which are punishable with imprisonment
of more than 3 years shall be triable by the special court and under clause
(d) the special court can directly take cognizance upon compliant made by an
a officerwithout the accused being committed to it for trial and sub-section
(4) in respect of persons accused of an offence u/s.19, 24 and 27-A or
offences involving commercial quantity the limitation for filing charge-sheet
u/s.167(2) of Cr.P.C. instead of 90 days it shall be construed as 180 days and
if it is not possible to complete investigation within 180 days also, the
special court may extend the said period upto 1 year on the report of public
prosecutor with specific reasons. As per sub-section (5) of Section.36-A, offences
punishable under this Act with imprisonment of not more than 3 years can be
tried summarily.
As per Sec.33 P.O.Act, 1958 or sec.360 Cr.P.C. is applicable only when the accused is
under 18 years of age or offence is punishable U/Ss.26 or 27 of the Act.
Sec.39 empowers court to release
certain offenders viz, addicts guilty u/s.27 or offences relating to small quantity
of NDPS, and the court considering the age, character, antecedents or physical
or mental condition of the offender.
As per Sec.50 when any duly authorized officer u/s.42 is about to search a person
under provisions of Secs, 41 or 42 or 43, he shall inform such person of his
right to take before a nearest Gazetted Officer for his search and if such person
wishes, he should be taken to such Officer or to the nearest Magistrate
without unnecessary delay and make the search of such person. U/s.50(5) when an officer duly authorized u/S.42
has reason to believe that it is not possible to take the person to be
searched to the nearest Gazetted officer or Magistrate without possibility of
the person to be searched parting with possession of anynarcotic drug or
psychotropic substance or article or document, he may, instead of taking such
person to the nearest Gazetted officer or Magistrate, proceed to search the
person as provided u/s.100 Cr.P.C. and after such search the officer shall record
the reasons for such believe which necessitated
such search and within 72 hours send a copy thereof to his immediate superior.
|
SOME IMPORTANT PORTIONS OF NOTIFICATION
Specifying Small Quantity and Commercial Quantity
|
Srl. No.
|
Name of N.D.P.S.
International
Non-Proprietary Name (INN)
|
Other Non-
Proprietary Name
|
Chemical Name
|
Small Qty
(gms)
|
Commercial
Qty. (gms)
|
|
15
|
Benzylmorphine
|
--
|
3-0- benzyl morphine
|
2
|
50gm
|
|
23
|
Cannabis and Cannabis resin
|
Charas, Hashish.
|
Extracts
& Tinctures of cannabis
|
100
|
1.kg
|
|
25
|
Cocaderivatives
|
---
|
(Excluding
Cocaine) and its derivatives.
|
2
|
50gm
|
|
26
|
Coca leaf
|
---
|
--
|
100
|
2kg
|
|
27
|
Cocaine
|
---
|
Methyl
ester of benzoylecgonine
|
2
|
100gm
|
|
30
|
Concentrate
of Poppy straw
|
---
|
The
Material arising when poppy- straw has entered into a process for the concentration
of its alkaloids when such material is made available in trade
|
20
|
500gm
|
|
55
|
Ganja
|
---
|
---
|
1000
|
20kg
|
|
56
|
Heroin
|
|
Diacetylmorphine
|
5
|
250gm
|
|
57
|
Hydrocodone
|
Dicodide, Codinovo, Diconone,
Hycodan, Multacodln,
Nycodide
|
Dihydrocodeinone
|
1
|
20gm.
|
|
68
|
Methadone
|
---
|
6-dimethylamino.4,
4-dipheny 1-3-heptanone
|
2
|
50gm
|
|
77
|
Morphine
|
----
|
Morphine
|
5
|
250gm
|
|
92
|
Opium
|
----
|
And any preparation containing opium
|
25
|
2.5kg
|
|
93
|
Opium
Derivatives
|
----
|
Other than diacetylmorphine (heroin), morphine and those
listed herein)
|
5
|
250gm
|
|
98
|
Pethidine
|
---
|
1-methy1-4phenylpiperidine- 4-carboxylic acid
ethylester
|
10
|
200gm
|
|
110
|
Poppystraw
|
---
|
---
|
1000
|
50.kg
|
|
111
|
Preparations made from the extract of tincture of Indian Hemp
|
----
|
---
|
5
|
100gm
|
|
169
|
BUPERNORPHINE
|
----
|
21-cyclopropyl- 7-alpha
[(s)-1-hydroxyl 2,2,
-trimethylpropyl]6,
14, endoethano-6,7,8,
14-tetrahydrooripavine
|
1
|
20.gm
|
|
194
|
DIZAZEPAM
|
----
|
7-chlora-1,3-dihydro-1-methyl-5-phenyl-2H-1,4benzodiazepin-2-one
|
20
|
500gm
|
|
221
|
NITRAZEPAM
|
----
|
1,3dihydro-7-nitro-5-phenyl- 2H,1,
4-benzodiazepin-2-one
|
20
|
500gm
|
|
239
|
Any mixture of preparation that of with or without a
natural material, of any of the above drugs
|
----
|
----
|
*
|
**
|
|
* Lesser of the small quantity between the
quantities given against the respective narcotic drugs or psychotropic
substances mentioned above forming part of the mixture.
**Lesser of the commercial quantity between the quantities
given against the respective narcotic drugs or psychotropic substances
mentioned above forming part of the mixture.
|
THE PASSPORTS ACT, 1967
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
Ttial Court
|
|
Imprisonment
|
Fine
|
|
12(1)
|
Whoever–(a) contravenes the provisions of S.3; or
|
2 yrs or
|
5000/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
(b) knowingly furnishes any false
information or suppresses any material information with a view to obtaining a
passport or travel document under this Act or without lawful authority alters
or attempts to alter or causes to alter the entries made in a passport or travel document; or
|
|
(c) fails to produce for
inspection his passport or travel document (whether issued under this Act or not)
when called upon to do so by the prescribed
authority; or
|
|
(d) knowingly uses a passport or
travel document issued to another person; or
|
|
(e) knowingly allows another
person to use a passport or travel document issued to him
|
|
12
(1-A)
|
Whoever, not being a citizen of
India:- (a) makes an application for a passport or obtains a passport by suppressing
information about his nationality, or
|
1 yr. to 5 yrs and
|
10000/- to 50000/-
|
Cognizable
|
Non
Bailable
|
Magistrate
Court
|
|
(b) holds a forged passport or any
travel document,
|
|
12(2)
|
Whoever abets any offence punishable
U/sub-section (1) or sub-section (1-A) shall, if the act abetted is committed
in consequence of the abetment,
|
Punishment provide
for that offence
|
Cognizable
|
As per the offence
|
|
12(3)
|
Whoever contravenes any condition
of a passport or travel document or any provision or rule made thereunder for
which no punishment is provided
|
3 yrs or
|
500/
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
12(4)
|
Whoever, convicted under this
Act, is again convicted of an offence under this Act shall be punishable with
|
Twice the penalty provided for latter offence
|
Cognizable
|
As per the offence
|
|
Sec.15. Previous
sanction of Central Govt. necessary- No prosecution shall be instituted in
respect of any offence under this Act without previous sanction of Central
Govt. or such officer or authority as may be authorized by that Govt. by
order in writing in this behalf.
Sec.13(1) –
any officer of customs empowered by a general or special order of the Central
Govt. in this behalf and any officer of Police or emigration officer not below
the rank of sub-inspector may arrest without warrant any person who is
suspected of committing any offence u/s.12 of this Act by informing the
person grounds for such arrest.
Sec.14 – provides
power of search & seizure to the customs officer and Police officer or emigration officer not below the rank of
sub-inspector. Cr.P.C. applies to search
& seizure
|
|
|
|
|
|
|
|
|
****
THE PREVENTION OF CORRUPTION ACT, 1988
|
Sec
|
Offence
|
Sentence
|
Cog/ N.C.
|
B / N.B
|
Trial Court
|
|
Imprisonment
|
Fine
|
|
7.
|
Offence relating to public servant being bribed
(a) obtains or accepts or attempts
to obtain from any person, an undue advantage
(b) obtains or accepts or attempts
to obtain, an undue advantage from any person as a reward for the improper or
dishonest performance of a public duty or for forbearing to perform such duty
either by himself or another public servant
(c) performs or induces another
public servant to perform improperly or dishonestly a public duty or to
forbear performance of such duty in anticipation of or inconsequence of accepting
an undue advantage from any person
|
3 yrs. to
7 yrs. and
|
Fine
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
7A
|
Taking undue advantage to
influence public servant by corrupt or illegal means or by exercise of
personal influence.—Whoever accepts or obtains or attempts to obtain from
another person for himself or for any other person any undue advantage as a motive
or reward to induce a public servant,
|
3 yrs. to
7 yrs. and
|
Fine
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
8
|
Offence relating to bribing of a
public servant.—
(1)Any person who gives or promises
to give an undue advantage to another person or persons, with intention—
(i) to induce a public servant
to perform improperly a public duty; or (ii) to reward such public servant
for the improper performance of public duty,
|
7 yrs. and
|
Fine
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
Whoever accepts or agrees to accept
or attempts to obtain, from any person, for himself or for any other person, any gratification as a motive or reward
for inducing, by corruptor illegal means, any public servant to do or to
forbear to do any official act.
|
|
9.
|
Taking gratification, for exercise
of personal influence with Public servant:-
|
6 Months to
5 yrs. &
|
Fine
|
Cognizable
|
Non
Bailable
|
Spl. Court
|
|
|
Whoever accepts or agrees to accept
or attempts to obtain, from any person, for himself for anyother person, any gratification
as a motive or reward for inducing,
by the exercise of personal influence,
any public servant to do or to forbear to do any official act.
|
|
10.
|
Person in charge of commercial
organization to be guilty of offence.—Where an offence under Section 9 is committed
by a commercial organisation,
|
3 yrs. to
7 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. court
|
|
11.
|
Public servant obtaining
valuable thing, without consideration from person concerned in proceeding or
business transacted by him.
|
6 Months to
5 yrs. &
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
12.
|
punishment
for abetment of offences defined in Sections 7 or 11:-Whoever abets offences
u/s.7or11,whether or not that offence is committed in consequence of that abetment shall be punished
|
3 yrs. to
7 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
13.
|
(1)
Criminal misconduct by a Public Servant:
(a)Habitually accepts or agrees to accept
any gratification as mentioned in Sec.7; or
(b) Habitually accepts or agrees to accept any valuable
thing without consideration or in- adequate consideration…; or
(c)
dishonestly or fraudulently misappropriates or otherwise converts for
his own use any property entrusted to him or under his control as a Public Servant
or allows others to do so; or
(d) If he,-(i) by corrupt or illegal means,
obtains for himself or for any other person any valuable thing or pecuniary
advantage; or
(ii)
by abusing his position as a Public servant, obtains for himself or for any
other person any valuable thing or pecuniary advantage; or
(iii)
while holding office as a Public Servant, obtains for any person any valuable
thing or pecuniary advantage without any public interest; or
(e) if he or any person on his behalf,
is in possession for which the Public Servant cannot satisfactorily account, of pecuniary resources or property
disproportionate to his known sources of income.
|
|
13.
|
(2) Any Public Servant who commits
criminal misconduct shall be punished
|
Not Less
than
4 yrs. to 10 yrs
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
14.
|
Habitually committing of offence
u/Ss.8, 9 and 12:-
|
5 yrs. to
10 yrs.
|
Fine
|
Cognizable
|
Non Bailable
|
Spl.Court
|
|
15.
|
Punishment for attempt:- Whoever
attempts to commit an offence u/S.13(1)
(c) or (d)
|
Not Less
than 2 yrs.
to 5 yrs.
|
Fine
|
Cognizable
|
Non Bailable
|
Spl.
Court
|
|
Important provisions:- As per sec.17 only police officer
of the rank of ACP/Dy. SP are competent to investigate. Previous sanction is
necessary to prosecute a Public servant for offences punishable u/Ss.7, 10, 11,
13 and 15 of the Act according to Sec.19. These offences are triable by
Special court constituted u/s.3 presided over by a Sessions Judge or Additional
Sessions Judge or Assistant Sessions Judge cadre. Special Judge take cognizance of offence
without the Accused being committed to him for trial and he will follow the warrant
procedure of trial (sec.5).
|
|
|
|
|
|
|
|
|
|
|
THE PREVENTION OF DAMAGE TO PUBLIC
PROPERTY ACT, 1984
|
Sec
|
Offence
|
Sentence
|
Cog/ N.C.
|
B / N.B
|
Trial Court
|
|
Imprisonment
|
Fine
|
|
3
|
Mischief causing damage to public
property-
|
|
|
(1) Whoever commits by doing any
act in respect of any public property other than public property of the nature
referred to in sub-section (2) shall
be punished
|
Upto 5 yrs and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
(2) whoever commits mischief by
doing any act in respect to fany public property being–
(a) any building, installation or
other property used in connection with the production, distribution or supply
of water, light, power or energy;
(b) any oil installations; (c) any sewage
works;
(d) any mine or factory; (e) any
means of public transportation or of telecommunications or any building, installation
or other property used in connection
therewith be punished
|
RI – 6 Months
to 5yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
4
|
Mischief causing damage to
public property by fire or explosive substance:- whoever commits an offence u/s.3(1)
or (2) by fire or explosive substance
shall be punished
|
RI – 1 yr. to
10 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
Note: Mischief shall have the same meaning
as in sec.425 IPC. Public property means
any property whether immovable or movable which is owned by or in the
possession of, or under the control of central Government or State Government
or Local Authority.
|
*****
THE PREVENTION OF INSULTS TO NATIONAL
HONOUR ACT, 1971
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
Trial
Court
|
|
Imprisonment
|
Fine
|
|
2
|
INSULT TO INDIAN NATIONAL FLAG AND CONSTITUTION OF INDIA
Whoever in any public place or
in any other place within public view burns, mutilates, defaces, defiles,
disfigures, destroys, tramples upon or *otherwise
shows disrespect to or brings into contempt (whether by words, either spoken or
written, or by acts) theIndian National Flag or the Constitution of India or
any part thereof, shall be punished with imprisonment for a term which may extend
to three years, or with fine, or with
both.
|
3 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
3
|
PREVENTION OF SINGING OF NATIONAL ANTHEM
Whoever intentionally prevents
the singing of the Indian National Anthem or causes disturbances to any assembly
engaged in such singing shall be punished
with
|
3 yrs or
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
3A
|
Enhance penalty of 2nd and subsequent conviction:-whoever, having already been
convicted of an offence u/S.2 or 3, is again convicted of any such offence
shall be punished with
|
Not less
than 1yr
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
****
THE PRIZE CHITS AND MONEY CIRCULATIONS CHEMES (BANNING) ACT, 1978
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
4
|
Penalty
for contravening Sec.3, which bans prize chits and money circulation schemes
or enrollment as members or participation therein.
|
1 yr. to
3 yrs or
|
1000/-
to 5000/-
|
Cognizable
|
Non Bailable
|
CMM/ CJM
Court
|
|
5
|
Penalty for other offences in connection
with prize chits or money circulation schemes
|
1 yr. to
2 yrs. or
|
1000/-
to 3000/-
|
Cognizable
|
Bailable
|
CMM/ CJM Court
|
|
Whoever with a view to promote or
conduct any prize chits or money circulation schemes in contravention of this Act or promote or conduct any of the above
said by
(a) printing or publishing any tickets, coupons or other
documents for use in the prize chits or money circulation scheme or
(b) sells
or distributes or advertises for sale or distribution or has in
his possession for the purpose of sale or distributions of any ticket,
coupons or other documents
(c)
prints, publishes or distributes or has in his possession for the purpose of
publication or distribution,
(i) any
advertisement for the prize chits or money circulation scheme or,
(ii) any
list, whether complete or not, of members in the prize chits or money
circulation scheme, or
(iii) any
such matter descriptive of, or otherwise relating to the prize, chits, or
money circulation scheme as is calculated to act as an incudement to persons
to participate in that prize chits or money circulation scheme
(d) brings
or invetes any person for the purpose of sale or distribution of tickets,
coupons or other documents for use in the prize, chits or money circulation
scheme
(e) use
any peremises or causes or knowlingly permits any premises to be used for
purposes connected if the promotion or conduct of the prize, chits or money
circulation scheme; or
(f) causes
or procures or attempts to procure any person to do any or the above
mentioned acts shall be punishable.
|
|
Note: All offences under this Act are
cognizable u/s.10. No court inferior to that of a Chief Metropolitan
Magistrate or as the case may be Chief Judicial Magistrate shall try any
offence under the Act (S.9) as per sec.11 this Act is not applicable to any
prize chits or money circulation schemes promoted by a State Govt., or a
company wholly owned by a State Govt., or a banking company as defined in
clause(c) of S.5 of the banking regulation Act,1949 or banking institution
notified by the Central Govt. u/s.51 of that Act or the SBI constituted u/s.3
of the SBI Act,1955 or Regional Rural Bank established u/s.3 of the R.R. Bank
Act, 1976 or a Co-operative Bank as defined in clause (b) (ii) of S.2 of the RBI
Act, 1934; or any charitable or educational institution notified in this
behalf by this State Govt. in consultation with Reserve Bank. Sec.7(1)
empowers a Police Officer not below the rank of SHO (a) to enter into the
any premises which he suspects of being used in connection with the promotion
or conduct of any prize chits or money circulation schemes in contravention
of this Act and (b) to search the said premises and the persons found therein
and (c) to take into custody and produce before any Judicial Magistrate all such
person concerned or against whom a complaint has been made or credible
information has been received or a reasonable suspicion exists. This Act is not applicable to conventional
chits, for which Chit Funds Act 1982, a Central Act is applicable. A.P. Chit Funds
Act, 1971 is not enforceable now. The Chit Funds Act, 1971 come into force from15-9-2008
on which date the AP.Chit Fund Rules 2008
are made.
|
***
THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT, 2012
(Amendment) Act, 2019
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
4
|
Punishment for penetrative
sexual assault
(a)
he penetrates his penis, to any extent, into the vagina, mouth, urethra
or anus of a child or makes the child to do so with him or any other person;
or
(b)
he inserts, to any extent, any object or a part of the body, not being
the penis, into the vagina, the urethra or anus of the child or makes the child
to do so with him or any other person; or
(c)
he manipulates any part of the body of the child so as to cause
penetration into the vagina, urethra, anus or any part of body of the child
or makes the child to doso with him or any other person or
(d)
he applies his mouth to the penis, vagina, anus, urethra of the child or
makes the child to do so to such person
or any other person.
|
>10 yrs to
Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Spl.Court
|
|
|
If committed on child below 16 years.
|
>20 yrs to
Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
6
|
Punishment for aggravated penetrative
sexual assault
(a) a police officer
(b)
armed forces or security forces
(c)
a public servant
(d)
management/staff of a jail, remand home, protection home, observation
home,orotherplaceofcustodyorcare and protection-under their custody
(e)
management/staff of a hospital, in that hospital; or
(f)
management/staff of an educational institution or religious
institution, or
(g)
gang penetrative sexual assault on a child.
(h)
using deadly weapons, fire, heated
substance or corrosive substance; or
(i)
causing grievous hurt or causing bodily harm and injury or injury to the
sexual organs of the child; or
(j)
which—
(i) physically in capacitates the
child or causes the child to become mentally ill as defined under clause (b)of
section 2 of the Mental Health Act,1987 or causes impairment of any kind so as to render the child unable to
perform regular tasks, temporarily or permanently; or Act 14 of 1987
(ii)
pregnant
|
RI - >20 yrs. to
Life/death and
|
Fine
|
Cognizable
|
Non Bailable
|
Spl. Court
|
|
|
(iii)
inflicts HIV or any other life threatening disease or Infection which
may either temporarily or permanently impair the child by rendering him
physically in capacitated, or mentally ill to perform regular tasks; or
(iv)
causes death of the child
(k) taking advantage of a child's mental
or physical disability,
(l) commits more than once or
repeatedly; or
(m) on a child below twelve years; or
(n) a relative of the child through blood
or adoption or marriage or guardian ship or in foster care or having a domestic
relationship with a parent of the child or who is living in the same or
shared household with the child,
(o) ownership/ management/staff, of
any institution providing services to the child,
(p) in a position of trust or authority
of a child
(q) knowing the child is pregnant;
(r) attempts to murder after offence,
(s) during communal or sectarian violence;
(t) previously convicted
(u) makes the child to strip or
parade naked in public,
|
|
|
|
|
|
|
Sec.8
|
Punishment for sexual assault
with sexual intent touches the vagina, penis, anus or breast of the child or
makes the child touch the vagina, penis, anus or breast of such person or any
other person,or does any other act with sexual intent which involves physical Contact without penetration
|
3 yrs. to
5 yrs. &
|
Fine
|
Cognizable
|
Non Bailable
|
,,
|
|
10
|
Punishment for aggravated sexual assault
|
5 yrs. to
7 yrs. &
|
Fine
|
Cognizable
|
Non Bailable
|
,,
|
|
12
|
Punishment for sexual harassment
Sexual harassment with sexual intent,-
(i) utters any word or makes any sound,
or makes any gesture or exhibits any object or part of body with the intention
that such word or sound shall be heard, or such gesture or object or part of body
shall be seen by the child; or
(ii) makes a child exhibit his body
or any part of his body so as it is seen by such person or any other person;
or
(iii) shows any object to a child in any
form or media for pornographic purposes; or
(iv) repeatedly or constantly follows
or watches or contacts a child either directly or through electronic, digital
or any other means; or
|
3 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
,,
|
|
|
(v) threatens to use, in any form of
media, areal or fabricated depiction through electronic,film or digital or any
other mode, of any part of the body of the child or the involvement of the child
in a sexual act; or
(vi) entices a child for pornographic
purposes or gives gratification therefor.
|
|
|
|
|
|
|
14 (1)
|
Punishment for using child for pornographic purposes
|
5 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
,,
|
|
On2ndorsubsequentconviction
|
7 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
,,
|
|
14 (2)
|
If the person using the child
for pornographic purposes commits offence u/S.3 by directly participating in pornographic acts
|
“and punishment
For Sec.4,6,8,10.
|
Fine
|
Cognizable
|
Non Bailable
|
,,
|
|
15
|
Punishment for storage of pornographic
material involving child
|
|
15 (1)
|
(1) and fails to delete or
destroy or report the same to the designated authority, with an intention to share
or transmit child pornography,
|
Fine I-Rs.5000/-.
II & Sub- Rs.10,000/-.
|
Cognizable
|
Non Bailable
|
,,
|
|
|
(2) transmitting or propagating
or displaying or distributing in any manner at any time except for the
purpose of reporting, or for use as evidence in court.
|
SI/RI–3
Yrs. or
|
For both
|
Cognizable
|
Non Bailable
|
,,
|
|
15
|
(3) for commercial purpose
|
I –SI/RI>3yrs– 5yrs, or for both
II &Sub-SI/RI->5
yrs–7 yrs and Fine
|
Cognizable
|
Non Bailable
|
,,
|
|
18
|
Punishment for attempt to commit
an offence
|
½ of imprisonment provided for the Offence or
|
Fine
|
-
|
--
|
..
|
|
22 (1)
|
Punishment for false complaint or
false information with the intention to humiliate,
extort or threaten or defame
|
6 Months or *
|
Fine
|
Cognizable
|
Bailable
|
Spl.Court
|
|
22 (3)
|
Whoever, not being a child makes
false complaint or provides false information against a child knowing it to
be false, thereby victimizing such child in any of the offences under this Act.
|
1 yr. or
|
Fine
|
Cognizable
|
Bailable
|
,,
|
|
23 (4)
|
Person who contravenes sub-sections
(1) or (2) of Sec.23 i.e. making a report or comment on any child through any
form of media without having authentic information which may effect the reputation
or privacy of the child or disclose
of a identity of the child
|
Not less than
6 Months upto 1 yr. or
|
Fine
|
Cognizable
|
Bailable
|
,,
|
|
Note: As per sec.2-d “Child” means any person (boy or girl)
below the age of 18 years. Offences
under this Act are triable by a court of sessions, designated as special
court u/S.28. Special court can take cognizance of the case without the accused
being committed to it for trial by a Magistrate as per Sec.33(1). Trail of these cases shall be held in-camera
u/s.37 in the presence of parents / relatives of the child. Evidence of victim /child shall be recorded
within 30 days from the date of taking cognizance of the offence by the
special court and trial shall be completedas far as possible within a period of
one year from the date of taking cognizance of the offence as per Sec.35
|
|
*As per Sec.22(2)
if a false complaint or false information was made by child no punishment shall
be imposed on such child.
|
THE PROTECTION OF CIVIL RIGHTS ACT,
1955
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
3
|
Punishment for a enforcing religious
disabilities-
|
1 month to
6 Months and
|
100/- to 500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
whoever on the ground of
untouchability prevents any person (a) from entering any places of public
worship which is open to other persons professing the same religion; or (b)
from worshipping or offering prayers or performing any religious service in
any place of public worship or bathing in, or using the waters of, any sacred
tank, well, spring or water course, river or lake as is permissible to the other
person professing the same religion or any
section thereof, as such person
|
|
4
|
Punishment for enforcing social disabilities
|
1 month to
6 Months and
|
100/- to 500/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
whoever on the ground of
untouchability enforces against any person any disability with regard to
(i) access to any shop, public restaurant,
hotel or place of public entertainment
(ii) the use of any utensils and
other articles kept in any public restaurant, hotel, Dharmashala etc.
(iii) the practice of any
profession or the carrying of the any occupation, trade or business
(iv) the use of, or access to any
river stream, spring, well, tank, water tap or any bathing ghat, burial or
cremation ground any road or passage which other members of the public have a
right to use such thing or places
(v) the use of, or access to, any
place used for a charitable or a public purpose maintained wholly or partly out
of state funds
(vi) the enjoyment of any
benefit under a charitable trust created for the benefit of general public or
of any section
(vii) the use of, or access to,
any public conveyance, or
(viii) the construction,
acquisition oroccupation of any residential premises in any locality,
whatsoever; or
(ix) the use of any Dharmashala,
sarai or musafirkhan which is open to general public or to any section
thereof; or
(x) the observance of any social
or religious custom, usage or ceremony or taking part in, or taking out any religious,
social or cultural procession;
(xi) the use of jewellery and finery
|
|
5
|
Punishment for refusing to admit
persons to hospitals etc.
|
1 month to
6 Months and
|
100/- to 500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
Whoever on the ground of
untouchability (a) refuses admission to any person to any hospitals,
dispensary, educational institution or any hostel if such is established or
maintained for the benefit of the general public or any section thereof; or
(b) does any act which discriminates against any such person after admission to
any of the aforesaid institutions.
|
|
6
|
Punishment for refusing to sell goods
or render services
|
1 month to
6 Months and
|
100/- to 500/-
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
Whoever on the ground of untouchability
refuses to sell any goods or to render any service to any person at the same time
and place and on the same terms and conditions at or which such goods are sold
or services are rendered to other persons in the ordinary course of business.
|
|
7(1)
|
Punishment for other offences arising
out of untouchability
|
1 month to
6 Months and
|
100/- to 500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
|
Whoever (a) prevents any person
from exercising any right accruing to him by reason of “untouchability” under
Article.17 of the constitution; or
(b) molests, injures, annoys,
obstructs or causes or attempts to cause obstructions to any person in the
exercise of any such right or molests, injures, annoys or boycotts any person
by reason of his having exercised any such right; or
(c) by words either spoken or written,
or by signs or by visible representation or otherwise, incites or encourages
any person or class of persons or the public generally to practice “untouchability”
in any form whatsoever; or
(d) insults or attempts to insult, on the ground of untouchability
a member of scheduled caste.
|
|
7
(1-A)
|
Whoever commits any offence
against the person or property of any individual as a reprisal or revenge for
his having exercised any right accruing to him by reason of the abolition of
untouchability u/Art.17
|
Where the offence is punishable with
imp. for a term exceeding 2 yrs. be punishable with imp. for a term not less than
2 years and also with fine.
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
|
|
|
|
|
|
|
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
7(2)
|
Whoever (i) denies to any person
belonging to his community or any section there of any right of privilege to which such person would been titled as
such member of such community or section, or this Act
|
|
(ii) takes any part in the
ex-communications of such person, on the ground that such person has refused
to practice “untouchability” or that such person has done any act in furtherance
of the objects of this Act.
|
1 month to
6 Months and
|
100/- to 500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
7-A
|
Unlawful compulsory labour when
to be deemed to be a practice of ‘untouchability-
(1) whoever compels any person, on
the ground of untouchability, to do any scavenging or sweeping or to remove
any carcass or flay any animal or to remove the umbilicalcord or to do any
other job of a similar nature, shall be deemed to have enforced a disability
arising out of “untouchability”
(2) whoever is deemed under
sub-section(1) to have enforced a disability arising out of untouchability shall be punished
|
3 months to
6 months and
|
100/- to 500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
10.
|
Abetment of offence under this Act
|
Same punishment
provided for such offence.
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
11.
|
Enhanced penalty on subsequent conviction
|
II- >6M<1 yr (+) >200<500
III or more> 1yr <
2 yrs (+) >500<1000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
Note- u/S.15, all offences under this act
shall be cognizable and every such offence, except which is punishable with imprisonment
for a minimum term exceeding 3 months may be tried summarily by a JMFC. As per
S.16A, POAct is not applicable to persons above 14 yrs.
|
****
THE RAILWAYS ACT, 1989
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
137
|
Fraudulently travelling or attempting
to travel without proper pass or ticket.
|
6 Months or
|
1000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
141
|
Needlessly interfering with means
of communication in a train.
|
1 yr or
|
1000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
142
|
Penaltyfortransferoftickets.
|
3 Months or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
143
|
1) Penalty for unauthorized
carrying on business of procuring and supplying of railway tickets.
|
3 yrs or
|
0,000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
(2) Whoever abets any offence punishable
under this section
|
Same punishment
provided for such offence
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
144
|
1) Prohibition on hawking, etc. and
begging.
|
1 yr. or
|
2,000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
145
|
Drunkenness or nuisance.
|
6 Months &
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
146
|
Obstructing railway servant in his
duties.
|
6 Months or
|
1000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
147
|
Trespass & refusal to desist
from trespass.
|
6 Months or
|
1000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
148
|
Penalty for ma0king a false statement
in an application for compensation.
|
3 yrs. or
|
Fine
|
Non Cognizable
|
Non Bailable
|
Magistrate Court
|
|
149
|
Penalty for making a false statement
in an application for compensation.
|
3 yrs. or
|
Fine
|
Non Cognizable
|
Non Bailable
|
Magistrate Court
|
|
150
|
1) Maliciously wrecking or
attempting to wreck a train.
|
L/RI 10 yrs.
|
-
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
2) If any person unlawfully does
any act or thing referred in any of the clauses of sub-section (1)
|
D/ Life
|
-
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
151
|
Damage to or destruction of certain
railway properties.
|
5 yrs. or
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
152
|
Maliciously hurting or
attempting to hurt persons travelling by railway.
|
Life/ 10yrs
|
-
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
153
|
Endangering safety of persons travelling
by railway by willful act or omission.
|
5 yrs
|
-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
154
|
Endangering safety of persons travelling by railway by rash or negligent
act or omission.
|
1 yr. or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
155
|
1) Entering into a compartment reserved or resisting entry into a
compartment not reserved.
|
-
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
2) if any passenger resists the
lawfully entre of another passenger into a compartment not reserved for the use
of the passenger resisting
|
-
|
200/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
156
|
Travelling on roof, step or engine
of a train.
|
3 Months or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
157
|
Altering or defacing pass or ticket.
|
3 Months or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
158
|
Altering or defacing pass or ticket.
|
-
|
500/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
159
|
Disobedience of drivers or
conductors of vehicles to directions of railway servant, etc.
|
1 Month or
|
500/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
160
|
1) Opening or breaking a level crossing
gate.
|
3 yrs.
|
-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
2) breaking a level crossing gate
|
5 yrs.
|
-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
161
|
Negligently crossing unmanned level
crossing.
|
1 yr.
|
-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
162
|
Entering carriage or other place
reserved for females.
|
-
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
163
|
Giving false account of goods.
|
-
|
500/-
per quintal
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
164
|
Unlawfully bringing dangerous
goods on a railway.
|
3 yrs. or
|
1000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
165
|
Unlawfully bringing offensive goods
on a railway.
|
-
|
500/- &
Value of loss
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
166
|
Defacing public notices.
|
1 Month or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
167
|
Smoking.
|
-
|
100/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
172
|
Penalty for intoxication by railway
servant
|
1 yr. or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
Note:
As per
Sec.179 if a person commits any offence u/Ss.137, 141 to 147, 152 to 157, 160
to 162, 164, 166, 168 and 172 to 175 he can be arrested without warrant or other
written authority by any Railway servant or police officer not below the rank
of Head constable.
|
THE REPRESENTATION OF THE PEOPLE ACT,
1951
|
Sec
|
Offence
|
Sentence
|
Cog/ NC
|
B/ NB
|
Trial Court
|
|
Imprisonment
|
Fine
|
|
125
|
Promoting enmity between classes
in connection with election
|
3 yrs. or
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
125
A
|
Penalty for filing false affidavit, etc
|
6 Months or
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
126
|
Prohibition of public meetings during period of 48 hrs. ending with our
fixed for conclusion of poll.
|
2 yrs. or
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
127
|
Disturbances at election meetings.
|
6 Months or
|
2000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
127
A
|
Restrictions on the printing of
pamphlets, posters, etc.
|
6 Months or
|
2000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
128
|
Maintenance of Secrecy of voting
|
3 Months or
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
129
|
Officers, etc., at elections not
to act for candidates or to influence voting.
|
6 Months or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
130
|
Prohibition of canvassing in or near
polling station.
|
-
|
250/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
131
|
Penalty for disorderly conductin
or near polling stations
|
3 Months or
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
132
|
Penalty
for misconduct at the polling station. If any person who has been so removed
from a polling station re-enters the polling station without the permission of the presiding officer, he shall be
|
3 Months or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
133
|
Penalty for illegal hiring or procuring
of conveyance at elections
|
3 Months and
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
134
|
Breaches of official duty in connection
with election.
|
-
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
134
A
|
Penalty
for Government servants for acting as election agent, polling agent or
counting agent.
|
3 Months or
|
Fine
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
134B
|
Prohibition of going armed to or
near a polling station.
|
2 yrs. or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
135
|
Removal of ballot papers from polling
station to be an offence.
|
1 yr. or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
135
A
|
Offence of booth capturing
|
1 yrs. – 3 yrs. And
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
If such offence is committed by
a person in the service of Govt.
|
3 yrs. to 5 yrs.
And
|
Fine
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
135C
|
Liquor not to be sold, given or
distributed on polling day.
|
6 Months or
|
2000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
136
|
Any person guilty of an
electoral offence under this section shall
|
2 yrs. or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
a) if he is a returning officer
or an assistant returning officer or a presiding officer at a polling station
or any other officer or clerk employed on official duty in connection with the
election,
|
|
(b) if he is anyother person
|
6 Months or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
****
THE SCHEDULED CASTES AND THE SCHEDULED
TRIBES (PREVENTION OF ATROCITIES) ACT, 2015
|
Sec
|
Offence
|
Sentence
|
Cog/ NC
|
B/ NB
|
Trial Court
|
|
Imprisonment
|
Fine
|
|
S.3
|
Putting any inedible or obnoxious
substance [Section 3(1)(a) of the Act]
|
|
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
Dumping excreta, sewage,
carcasses or any other obnoxious substance [Section 3(1)(b) of the Act]
|
|
|
Dumping excreta, waste matter,
carcasses with intent to cause injury, insult or annoyance [Section 3(1)(c)
of the Act
|
|
|
Garlanding with footwear or parading
naked or semi-naked [Section 3(1)(d) of the Act]
|
|
|
Forcibly committing acts such as
removing clothes, forcible tonsuring of head, removing moustaches, painting face
or body [Section 3(1)(e) of the Act]
|
|
|
Wrongful occupation or
cultivation of land [Section 3(1)(f) of the Act]
|
|
|
Wrongful dispossession of land
or premises or interfering with the rights, including forest rights. [Section
3(1) (g) of the Act]
|
|
|
Begar or other forms of forced or
bonded labour [Section 3(1)(h) of the Act]
|
|
|
Compelling to dispose or carry
human or animal carcasses, or to dig graves [Section 3(1)(i) of the Act]
Making a member of the Scheduled
Castes or the Scheduled Tribes to do manual scavenging or employing him for
such purpose [Section 3(1)(j) of the Act]
Performing, or promoting
dedication of a Scheduled Caste or a Scheduled Tribe woman as a devadasi [Section
3 (1) (k) of the Act]
Prevention from voting, filing nomination
[Section 3(1)( l ) of the Act]
Forcing,
intimidating or obstructing a holder of office of Panchayat or Municipality
from performing duties [Section 3 (1) (m) of the Act]
|
|
|
|
|
|
|
|
|
After poll violence and imposition
of social and economic boycott [Section 3 (1)(n) of the Act]
Committing any offence under this
Act for having voted or not having
voted for a particular candidate [Section 3(1) (o) of the Act]
Instituting false, malicious or
vexatious legal proceedings [Section 3 (1) (p) of the Act]
Giving false and frivolous
information to a public servant [Section 3(1)(q) of the Act]
Intentional insult or
intimidation to humiliate in any place within public view [Section 3(1)(r) of
the Act]
Abusing by caste name in any
place within public view [Section 3(1)(s) of the Act]
Destroying, damaging or defiling
any object held sacred or in high esteem [Section 3(1)(t} of the Act]
Promoting feelings of enmity,
hatred or ill- will [ Section 3(1)(u) of the Act]
Disrespecting by words or any
other means of any late person held in high esteem [ Section 3(1)(v) of the
Act]
Intentionally touching a
Scheduled Caste or a Scheduled Tribe woman without consent, using acts or
gestures, as an act of sexual nature, [ Section 3 (1)(w) of the Act]
Fouling or corrupting of water
[Section 3(1)(x) of the Act]
Denial of customary right of
passage to a place of public resort or obstruction from using or accessing
public resort [ Section 3(1) (y) of the Act]
Forcing of causing to leave
house, village, residence desert place
of residence [Section 3(1)(z) of the Act]
|
|
|
3(1)
|
Obstructing or preventing a
member of a Scheduled Caste or a Scheduled Tribe in any manner with regard
to—
|
|
|
(A) using common property
resources of an area, or burial or cremation ground equally with others or
using any river, stream, spring, well, tank, cistern, water-tap or other
watering place, or any bathing ghat, any public conveyance, any road, or passage [Section 3 (1) (za) (A) of the Act]
|
6 Months to
5 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
(B) mounting or riding bicycles
or motor cycles or wearing footwear or new clothes in public places or taking
out wedding procession, or mounting a horse or any other vehicle during wedding
processions [Section 3(1) (za) (B) of
the Act.
|
|
|
(C) entering any place of
worship which is open to the public or other persons professing the same
religion or taking part in, or taking out, any religious, social or cultural processions
including jatras [Section 3(1) (za)
(C) of the Act]
|
|
|
|
|
|
|
|
(D) entering any educational
institution, hospital, dispensary, primary health centre,
shoporplaceofpublicentertainmentorany other public place; or using any
utensils or articles meant for public use in any place open to the public [Section
3 (1) (za) (D) of the Act]
|
|
|
(E) practicing any profession or
the carrying on of any occupation, trade or business or employment in any job
whichother members of the public, or any section thereof, have a right to use
or have access to [Section 3(1)(za)(E) of the Act]
Causing physical harm or mental
agony on the allegation of being a witch or practicing witchcraft or being a
witch [Section3(1)(zb) of the Act]
Imposing or threatening a social
or economic boycott. [Section 3 (1) (zc) of the Act]
|
|
(3)
(2)
|
Whoever, not being a member of a
Scheduled Caste or a Scheduled Tribe,—
(i) gives or fabricates false
evidence intending thereby to cause, or knowing it to be likely that he will
thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be
convicted of an offence which is capital by the law for the time being in
force shall be punished with imprisonment for life and with fine; and if an
innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such
false or fabricated evidence,
|
the person who gives or fabricates such false evidence,
shall be punished with death;
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
(ii) gives or fabricates false
evidence intending thereby to cause, or knowing it to be likely that he will
thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be
convicted of an offence which is not capital but punishable with imprisonment
for a term of seven years or upwards,
|
shall be punishable with imprisonmentfor a term which shall not be less than six months
but which may extend to seven years or upwards and with fine;
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
(iii) commits mischief by fire
or any explosive substance intending to cause or knowing it to be likely that
he will thereby cause damage to any property belonging toa member of a
Scheduled Caste or a Scheduled Tribe,
|
shall be punishable with imprisonmentfor a term which shall not be less than six months
but which may extend to seven years and with fine;
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
(iv) commits mischief by fire or
any explosive substance intending to cause or knowing it to be likely that he
will thereby cause destruction of any building which is ordinarily used as a place
of worship or as a place for human dwelling or as a place for custody of the property
by a member of a Scheduled Caste or
a Scheduled Tribe,
|
shall be punishable with imprisonment for life and with fine;
|
Cognizable
|
Non Bailable
|
Sessions Court
|
|
|
(v) commits any offence under
the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of
ten years or more against a person or property knowing that such person is a
member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member
|
|
|
(va) commits any offence
specified in the Schedule, against a person or property, knowing thatsuch
person is a memberofa Scheduled Caste or a Scheduled Tribe or such property
belongs to such member,
|
shall be punishable with suchpunishment as specified
undertheIndian Penal Code for such offences and shall also be liable to fine.
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
|
(vi) knowingly or having reason to
believe that an offence has been committed under this Chapter, causes any
evidence of the commission of that offence todisappear with the intention of
screening the offender from legal punishment, orwith that intention gives any
information respecting the offence which he knows or believes to be false,
|
shall be punishable with the punishment provided for that
offence; or
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
|
(vii) being a public servant, commits any offence under
this section,
.
|
shall be punishable with imprisonmentfor a term which shall not be less thanoneyearbut
which may extend to the punishment provided
for that offence
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
|
Sec.4
|
Punishment for neglect of
duties.—(1) Whoever, being a public servant but not being a member of a
Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required
to be performed by him under this Act and the rules made there under,
|
shall be punishable with imprisonment for a term which shall not
be less than six months but which may extend to one year.
|
Cognizable
|
Non
Bailable
|
Sessions
Court
|
****
THE UNLAWFUL ACTIVITIES (PREVENTION)
ACT, 1967
|
Sec
|
Offence
|
Sentence
|
Cog/NC
|
B/NB
|
Trial Court
|
|
Imprisonment
|
Fine
|
|
10
|
(a) Person who continues to be a
member of an association declared unlawful by notification u/s.3: or takes
part in its meetings: or contributes/ receives / solicits any contribution: or
assists operation of such association
|
2 yrs and
|
Fine
|
Cognizable
|
Bailable
|
Spl. Court
|
|
(b) Person who continues as member
or voluntarily does an act aiding or promoting objects of such association
& possess any unlicensed firearm, ammunition, explosive or other
substance & commits any act resulting in loss of human life/ grievous
injury/ damage to any property
|
|
(i) and if such act has resulted
in death of any person is punishable with
|
Death/Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
(ii) in any other case
|
5 yrs to Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
11
|
Person dealing with funds of unlawful
Association on whom prohibitory – order u/s
7(1) served
|
3 yrs. or
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
12
|
Contravention of order made in
respect of a notified place:-Whoever uses any article contrary to prohibitory
order made u/s.8(3); Whoever knowingly and willfully effects or attempts to
effect entry into a notified place contrary to an order made u/S.8(4) Punishable
|
1 yr. and
|
Fine
|
Cognizable
|
Bailable
|
Ditto
|
|
13
|
Punishment for unlawful activities-
(1) whoever takes part, commits,
advocates, abets, advises or incites the commission of unlawfulact.
|
7 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
(2) Whoever assists any unlawful
activity of any association declared unlawful u/S.3
|
5 yrs. or
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
16
|
Terrorist act resulted in death of
any person
|
Death/Life.&
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
Terrorist act in any othercase
|
5 yrs. to Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
16A
|
Demand Radioactive substances,
nuclear devices etc, by use of force/ threat to aid or abet terrorist act
|
10 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
17
|
Raising funds for terrorist act directly
or indirectly.
|
5 yrs. to Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
18
|
Whoever conspires or attempt to
commit or abets, advises the commission of terrorist
act
|
5 yrs. to Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
18A
|
For organizing terrorist camps
|
5 yrs. to Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
18B
|
For recruiting person/ persons for
terrorist act
|
5 yrs. to Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
19
|
Voluntarily harbouring
/concealing / attempts to do so knowing that person is a terrorist
|
3 yrs. to Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
20
|
For being member of terrorist gang
or organization which is involved in terrorist
Act
|
Upto Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
21
|
Whoever knowingly holds any property
derived from commission of any terrorist
|
Upto Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
22
|
Punishment for threatening witness
|
3 yrs. and
|
Fine
|
Cognizable
|
Non Bailable
|
Spl.Court
|
|
23
|
Enhanced Penalty:- Person intend
to aid terrorist org./ gang contravenes provisions
or rules of explosives Act / ES. Act /Arms Act, or is in un-authorized
possession of any bomb, dynamite or other lethal
weapon etc.,
|
5 yrs to Life and
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
38(2)
|
Person who associates himself
with a terrorist organization with an intention to further its activities and
commits an Offence
|
10 yrs. or
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
39(2)
|
Person who invites support for
the terrorist organization, arrange meeting, addresses a meeting for encouraging
support to such org.
|
10 yrs. or
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
40(2)
|
Person raising fund by inviting
or receiving from others for terrorist organization or provides money or other
property knowing it might be used for
the purpose of terrorism
|
Not exceeding- 14 yrs. or
|
Fine
|
Cognizable
|
Non Bailable
|
Ditto
|
|
Note: 1) Jurisdiction
is conferred by the S.22(3) of National Investigation Agency Act, 2008 on Sessions
Court, until a Special Court is constituted by the State Govt. u/s.22(1) of
NIA Act for cases punishable under Unlawful Activities Prevention Act; Court
of Session of the division in which such offence is committed shall have
jurisdiction. Special court may take cognizance of any offence without the
Accused being committed to it for trial.
2) As per sec.43 Police officers
not below the rank of D.S.P. or A.C.P. is competent to investigate offences under
chapters IV & VI i.e. Ss, 16-23 & 38-40. As per S.43-D(1) all the offences under this
Act are cognizable. For 15 days, 90 days and 60 days mentioned in S.167 (2) Cr.P.C.,
it shall be construed as 30 days, 90 days and 90 days respectively as per
S.43-D(2) of the Act and if the investigation is not completed within 90 days
after the arrest of the accused, the Court on the application of the
prosecutor, if satisfied, it can extend remand of the accused upto180 days.
3) For seeking Police custody of a
person from judicial custody, the I.O. shall file an affidavit stating the
reasons for seeking Police custody as per the proviso to sec.43-D (2).
4) As per Sec.43-D(4) no
anticipatory bail can be granted to a person committing an offence under this
Act. Notice of bail petition for
offences under Chapters –IV and VI must be given to public prosecutor.
5) As per sec.45 Court shall not
take cognizance of any offence without previous sanction of the Central Govt.
for offences under chapter-III or previous sanction of central or state Govts.
as the case may be for offences in chapter-IV & VI. When such offence is committed against the
Govt.of a foreign country, previous sanction of the Central Govt. is
required.
6) Sec.46 makes admissible the
evidence collected through interception of wire, electronic or oral
communications under provisions of the Indian Telegraph Act, 1885 or the
Information Technology Act, 2000 or any other Law in force, provided the
accused is furnished with a copy of the order of competent authority at least
10 days prior to the trial.
7) Provisions of Cr.P.C.shall apply
insoforas they are not inconsistent with the provisions of this Act, to all arrests, searches and seizures
made under this Act (S.43-C).
|
****
THE WILDLIFE (PROTECTION) ACT, 1972
(As amended
upto 1993)
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
CP/ NCP
|
|
Imprisonment
|
Fine
|
|
51
|
Penalties. -(1) Any person who contravenes any provisions of thisAct except
Ch.V-A and Sec.38-J or any rule/order made thereunder or who commits a breach
of any of the conditions of any license or permit
granted under this Act, be punished.
|
3 yrs. or
|
25,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
CP
|
|
where the offence committed is
in relation to any animal specified in Scheduled I or Part 11 of Sch.11, or meat of any such animal, animal
|
3 yrs. to
7 yr. and
|
Not less
than
10,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
NCP
|
|
|
article, derived from such
animal or where offence relates to hunting in, ox, altering the boundaries of
a sanctuary or a National Park, such offence
shall be punishable
|
|
/
|
|
|
|
|
|
Provided further that in the
case of a 2nd/subsequent offence of the nature mentioned in this
sub-sec
|
3 yrs. to
7 yrs. and
|
Not less
than 25,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
NCp
|
|
(1-A) Any
person who contravenes any provisions of Chapter VA, shall be
|
3 yrs. to
7 yrs. and
|
Not less 10,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
NCp
|
|
(1-B) Any
person who contravenes the provisions of Sec. 38-J
|
6 Months or
|
2000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
Cp
|
|
Provided that in case of second
or subsequent offence the term of imprisonment may extend to one year or the fine
may extend to five thousand rupees.
|
1 yr. or
|
5000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
CP
|
|
53
|
Punishment for wrongful
seizure.- If any person, exercising powers under this Act, vexatiously &
unnecessarily seizes property of any person on the pretence of seizing it for
the reasons mentioned in S.50 he is
punishable.
|
6 Months or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
CP
|
|
Note:-
Cognizance of an offence under the Act can be taken by a Court only on the
compliant of an officer mentioned in Section.55
As per S.54 except those offences
for which a minimum period of imprisonment has been prescribed in S.51, all other offences under this
Act are compoundable.
|
***
THE YOUNG PERSONS (HARMFUL PUBLICATIONS)
ACT, 1956
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
Bailable/ Non Bailable
|
TC
|
|
Imprisonment
|
Fine
|
|
3
|
Penalty for sale, etc., of harmful
publications.
|
6 Months
or
|
Fine
|
Cognizable
|
Bailable
|
Magistrate
Court
|
|
(1)
|
If a person- (a) sells, lets to
hire, distributes, publicly exhibits or in any manner puts into circulation, any harmful publication, or
|
|
(b) for purposes of sale, hire,
distribution, public exhibition or circulation, prints, makes or produces or has
in his possession any harmful publication,
or
|
|
(c) advertises or makes known by
any means whatsoever that any harmful publication can be procured from or
through any person, he shall be punishable with imprisonment which may extend
to six months, or with fine, or with
both.
|
|
Note: As per Sec.7 all
offences punishable under this Act are cognizable
|
*****
NEGOTIABLE INSTRUMENTS ACT, 1881
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Im p
|
Fine
|
|
138
|
Dishonour of cheque for insufficiency, etc., of funds in the account.
|
2 yrs.
|
Twice the amount of cheque
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
*Provided that nothing contained
in this section shall apply unless-
(a) the cheque has been, presented
to the bank within a period of six months from the date on which it is drawn
or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due
course.of the cheque as the case may be, makes a demand for the payment of
the said amount of money by giving a notice, in writing, to the drawer of the
cheque, within fifteen days of the receipt of information by him from the
bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails
to make the payment of the said amount of money to the payee or, as the case
may be, to the holder in due course of the cheque, within fifteen days of the
receipt of the said notice.
|
****
THE MINIMUM WAGES ACT, 1948
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
22
|
Penalties for certain offences:
Any employer who (a) pays to any employee less than the minimum rates of
wages fixed for that employee’s class of work, or less than the amount due to
him under the provisions of this Act
|
6 Months
|
500/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
(b) contravenes any rules or
order made under Section 13
|
6 Months
|
Rs.500/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
22-A
|
Any employer who contravenes any
provision of this Act or of any rules.
If no other penalty is elsewhere provided for such contravention by this Act
|
|
Rs.500/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
***
THE MATERNITY BENEFIT ACT, 1961
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
21
|
Penalty for contravention of Act
by employer- (1) if any employer fails to pay maternity benefit or discharge
or dismiss a woman during the period of maternity
|
1 yr (Not less than 3 months)
|
5000/- (Not less than
Rs.2000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
(2) if any employer contravenes the
provisions of the Act or rules
|
1yr
|
5000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
22
|
Penalty for obstructing inspector
or fails to produce the register or documents
etc.
|
1yr
|
5000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
****
THE FACTORIES ACT, 1948
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
92.
|
if in, or in respect of, any
factory there is any contravention of any of the provisions of this Act or of
any rules made thereunder or of any order in writing given thereunder, the occupier
and manager of the factory shall each be guilty
of an offence and punishable
|
2 yrs
|
1 Lakh
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
94
|
If any person who has been
convicted of any offence punishable under Section 92 is again guilty of an offence
involving a contravention of the same
provision, he
|
3 yrs
|
10000/- to
2 Lakhs
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
95
|
Whoever willfully
obstructsInspector in the exercise of any power conferred on him by or under
this Act, or fails to produce on demand any registers or other documents in
his custody in pursuance of this Act or of any rules thereunder, or conceals
or prevents any worker in a factory from appearing or being examined by, an Inspector,
|
6 Months
|
10000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
96.
|
Penalty for wrongfully disclosing
results of analysis u/S.91
|
6 Months
|
10000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
96A
|
Whoever fails to comply with or
contravenes any of the provisions of Sections 41B, 41C or 41H or the rules made
thereunder, shall in respect of such
failure or contravention
|
7 yrs.
|
2 Lakhs
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
97
|
1) Subject to the provisions of
sec 111, if any worker employed in a factory contravenes provisions of this
Act or any rules or orders thereunder, imposing any duty or liability on workers
|
|
500/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
98
|
Penalty for using false
certificate of fitness. Whoever knowingly uses or attempts to use,as a
certificate of fitness granted to himself under section 70, a certificate
granted to another person under that section, or who, having procured such a
certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person,
|
2 Months
|
1000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
99
|
Penalty for permitting double
employment of child
|
|
1000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
****
THE BONDED LABOUR SYSTEM (ABOLITION)
ACT, 1976
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
16.
|
Punishment for enforcement of
bonded labour.—Whoever, after the
commencement of this Act, compels any person to render any bonded labour
|
3 yrs
|
2000
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
*****
THE CHILD AND ADOLESCENT (PROHIBITION
AND REGULATION) ACT, 1986
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
14.
|
Penalties.—2 [(1) Whoever employs
any child or permits any child to work in contravention of the provisions of Section
3
|
Not Less
than
6 Months
to 2 yrs or
|
Npt Less
Than 20000/-
to 50000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
(1A) Whoever employs any
adolescent or permits any adolescent to work in contravention of the
provisions of section 3A
|
Not Less
Than
6 Months
To 2 yrs or
|
Not Less than
20000/-
to 50000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
(1B) Notwithstanding anything
contained in sub-sections (1) and (1A) the parents or guardians of any child
or adolescent referred to in section 3 or section 3A, shall not be liable for
punishment, in case of the first offence.]
|
Not Less
Than
6 Months
To 2 yrs
or
|
Not Less
Than
20000
to 50000
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
[(2)
Whoever, having been convicted of an offence under Sec. 3
or Section 3A commits a like offence
afterwards,
|
Not Less
Than
1 yr to 3 yrs
|
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
2A) Notwithstanding anything
contained in sub-section (2), the parents or guardian having been convicted
of an offence under Section 3 or Section 3A, commits a like offence afterwards,
|
--
|
10000
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
TELANGANA EXCISE ACT, 1968
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
34
|
Whoever in contravention of this
Act or any rule, notification or order passed there under or of any license
or permit granted or issued under this Act-
(a) import, export, transport,
manufactures, collects or possess or sells any intoxicant or
(d) constructs or works any distillery
or brewery, or
(e) uses, keeps or has in his
possession any material, stills, utensils, implements or apparatus for the
purpose of manufacturing any intoxicant other than toddy, or
(f) bottles any liquor for purposes of
sale, or
(h) possess any material or film
either with or without government logo of any district in thestateof A.P.or
any other state or wrapper or any other thing in which intoxicants can be
packed or any apparatus, or implements or machine for the purpose of packing
any intoxicant,
(i) remove any intoxicant from any distillery,
brewery or warehouse licensed, established
or constituted under this Act; shall on conviction be punished
|
|
(b) taps any excise tree, or
(c) draws
toddy from any excise tree, Compoundable
(g) buys any intoxicant, or
|
|
(1) In case of an offence falling under
clause (a)
|
|
(j) Where intoxicant involved is less than such quantity as may be
notified in this behalf
|
6 Months
to 3 yrs. &
|
5,000/- to
20,000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
(ii) Where
intoxicant involved not less than the
qty. notified as
Aforesaid
|
3 to 5 yrs &
|
10,000/-
To 1 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
(2) In case of an offence other than
an offence falling under
clause (a)
|
6 Months
to 1 yr &
|
Upto 10,000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
35
|
Penalty for
rendering denatured spirit fit for human consumption
|
2 to 5 yrs and
|
5,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
36
|
(1) Penalty for misconduct of licensees
etc.
|
|
|
Clauses (a)
(e) (f) (g) or (h) under these sections “Compoundable”
|
|
(i) In
the case of an offence falling under clause (a), (b) or (c) of this Sec.
|
6 M to
2 yrs &
|
1000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
(ii) in any
other case
|
3 M or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
37
|
Penalty for
adulteration etc., by licensed vendor or manufacturer
|
|
Clauses (b),
(c) or (d) under these sections “Compoundable”
|
|
(i) in case
of first offence
|
3 to 5 yrs and
|
10,000/- to
30,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
In case of
2nd or subsequent offence
|
3 to 6 yrs &
|
50,000/- to
1 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
37A
|
1) Penalty for adulteration resulting
in death/grievous hurt/disability to human being
|
|
(i) if as
a result of such an act, disabilityorgrievoushurtordeath is passed to any person.
*(Act 8 of 2010, w.e.f. 04-10-2010) G.O.Ms.No.1250,
Rev.(Ex-II) dt.30.09.2010, Published in A.P. Gazette No.542,
dt.4.10.2010.
|
*3 yrs upto
life &
|
1 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
(ii) in any
other case
|
1 to 10 yrs
|
50,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
|
(2) whoever omits to take reasonable
precautions to prevent mixing of any noxious substance or any substance which
is likely to cause disability or grievous hurt or death to human being, with any
liquor or intoxicating drug shall be punishable-
|
|
|
(i) if as
a result of such omission, disability or grievous hurt is caused *(Act 8 of 2010, w.e.f. 04-10-2010)
|
*3 yrs upto
Life &
|
1 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
(ii) if as
a result of such omission, death is caused
|
3 yrs upto
Life &
|
1 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
(iii) in any
other case
|
1 to 10 yrs
|
50,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
(3) whoever possess any liquor or
intoxicating drug in which any substance referred to in sub-sec.(1) is mixed,
knowing that such substance is mixed with such liquor or intoxicating drug be
punished with
|
1 to 10 yrs and
|
50,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
38
|
Penalty for
consumption in the chemist’s shop [Compoundable by the commissioner]
|
|
(1) a chemist, druggist, apothecary
or keeper of a dispensary who allows any intoxicant which has not been
bonafide medicated for medicinal purposes to be consumed on his business premises
by any person
|
3 Months and
|
1000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
(2) any person who consumes any such
intoxicant on such premises
|
-
|
2000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
40
|
Penalty for
cutting down or destroying excise trees in contravention of Sec.27
|
|
(i) in case
of first offence
|
Not less than 3 Months &
|
Not less than1000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
(ii) in case
of 2nd or subsequent offences
|
Not less than
6 Months &
|
Not less
than 2000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
40A
|
Penalty for
false statement made in declaration or affidavit before a prohibition and
excise officer
|
6 Months
to 3 yrs &
|
10,000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
41
|
Penalty for offences not otherwise provided for (Compoundable)
|
6 Months
and
|
5000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
43A
|
Punishment
for allowing premises etc. to be used for commission of any offence under this
Act by any other person
|
Same punishment provided for such offence
|
As per the offence committed
|
|
|
44
|
Enhanced
punishment after previous conviction U/ss.34, 35,37, 38 and 40 or under the
corresponding provision of any enactment repealed by this Act subsequently
|
Twice punishment which might be imposed on the 1st conviction under
this Act
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
48
|
Any
officer or person exercising powers under this Act, who vexatiously and
unnecessarily delays in forwarding the arrested person to the nearest
Pro& Excise officer or to the SHO of the nearest Police Station as per Sec.60 (2) is punishable
|
-
|
200/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
49
|
Penalty
for Pro. & Excise officer refusing to do duty without lawful excuse or
withdraw himself from the duties without permission in writing from the commissioner
or guilty of cowardice shall be punishment
|
1 month to
3 Months or
|
500/- to 1000/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
50
|
Penalty for
abetment – any officer who
|
3 Months
|
-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
unlawfully
releases or abets the escape ofany person arrested under this Act or abets
the commission of any offence under this
Act is punishable
|
3 Months
to 1 yr
|
|
|
|
|
|
50A
|
Penalty
for assault – notwithstanding anything contained in the IPC, whoever assault
or threatens to assault or obstructs or attempts to obstruct any excise
officer in the discharge of his official duty shall be punished with
|
3 yrs and
|
50,000/-
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
Note: u/s.53 of the Act any officer
of Pro& Excise, Police or Revenue department of this State subject to
such restrictions as may be prescribed empowered
(a)
to arrest without warrant any person involved in offences punishable U/ss.27,
34 to 37, 37-A, 40-A, 50 or 50-A,
(b)
seize & detain any excisable or other article liable for
confiscation under this Act, and also
(c)
detain and search any person upon whom and any vessel, raft, vehicle,
animal, package, receptacle in or upon which he suspect.
Sec.60-A inserted by Act 8 of
2010 effective from 4-10-2010 makes the offences punishable u/s.34(1) (ii),
37 and 37-A as non-bailable,
Sec.53-A- imposes obligation on
the officers of the departments of Police and Revenue to render assistance on
the notice or request made by a prohibition and excise officer in carrying
out the provisions of the Act. This section was inserted by Act of 1994.
Sec.55 Power to search without
warrant given to the commissioner or a collector or any police officer not
below the rank of SHO or any Pro & Excise officer not below the rank of Pro
& Excise Sub-inspector who has reason to believe that an offence u/s.34
to 37 of Sec.37, 37-A has been or is likely to be committed and search
warrant cannot be obtained without delay after recording the grounds of his
belief.
Following
the provisions of Sec.14 of A.P.
Excise Act, Government issued notification vide G.O. Ms.No.268, Rev (EX–III)
1st April 1997 prescribing
the quantity of various liquors a person can
possess without a permit.
|
|
SL.
No
|
INTOXICANTS
|
QUANITITY
|
|
1
|
Indian
Liquor (IL)
|
Six
Quart. Bottles of 750 ml.
|
|
2
|
Foreign
Liquor (FL)
|
Six
Quart. Bottles each 750 ml.
|
|
3
|
Denatured
Spirit
|
Three
bulk liters.
|
|
4
|
Methylated
Spirit
|
Three
bulk liters.
|
|
5
|
Beer
|
Twelve
bottles of each 650 ml.
|
|
6
|
Toddy
|
Two
bulk liters.
|
|
7
|
Rectified
Spirit
|
No quantity.
|
|
8
|
Intoxicating
drugs
|
No quantity.
|
|
Quantity of intoxicants notified
for the purpose of punishment u/s.34 - (G.O.Ms.No:146 Rev, Dept. Dt.14-2-1994
)
|
|
|
Arrack
|
500
Liters
|
|
2.
|
Illicit
Distilled Liquor
|
100
Liters
|
|
3.
|
Toddy
|
300
Liters
|
|
4.
|
IMFL
(Duty paid)
|
192
quart bottles
|
|
5.
|
Beer
(a) Non-duty paid
(b)
Dutypaid
|
48 quart
bottles
384
quart bottles
|
|
6.
|
Bhung
|
500
grams
|
|
|
|
|
|
|
|
|
|
|
|
|
Compoundable Offences under Telangana Excise Act, 1968
U/s.47 of the Act offences u/s.31(a) or (b) of
sub-section (1) or who is reasonably suspected of having committed an
offence falling u/s.34(b), (c) or (g) and Sec.36 (a) (e) (f) (g) or (h)
and u/s.37 (b) (c) or (d) and Sec.41 can be compounded by the collector or
any prohibition and excise officer specially empowered in that behalf.
U/s.47-A Special
powers are given to the commissioner of Prohibition & Excise to
compound offences falling u/s.38 by collecting compounding fee.
|
THE TELANGANA PROHIBITION ACT, 1995
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
8
|
Buying,
selling, consumption etc, of liquors.
a) Consumes any liquor except in
accordance with the provisions of this Act, or the terms of any rule, notification,
order, license or permit issued thereunder shall
be punished
|
6 Months
or
|
Rs.1000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
b) possesses collects, buys,
sells, transports, produces or manufactures any liquor other than arrack
except in accordance with provisions of the A.P. Excise Act,1968 shall be
punished,
i) where the liquor involved in the
offence is less than such quantity as may be notified in this behalf with
|
6 Months to
3yrs or
|
Not less than 10,000/- or thrice
the value of
liquor
involved, whichever
is higher, but not exceeds 6 times.
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
ii) where the liquor involved in the
offence is not less than the quantity notified as aforesaid with
|
1 yr to
5 yrs and
|
20,000/-
thrice value of liquor, but not exceeds 6 times
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
iii) where commission of any offence either
u/sub-clause (i) or sub-cl.(ii) is abetted the
abettor punishable with.
|
With imprisonemnt and fine
as provided thereon
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
c) having obtained a license or
permit granted under the A.P. Excise Act, sells any liquor other than arrack
against the provisions of this Act, terms, any rule, notification, order, license
or permit is sued thereunder shall be
punished
|
6 Months Or
|
1000/
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
d) allows consumption of arrack upon
premises in his immediate possession shall
be punished with
|
3 yrs or
|
10,000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
e) whoever contravenes the provisions
of S.7-A shall be punished with
|
1 yr to
5 yrs And
|
10,000/-
to 1 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
9
|
Whoever
is found in a state of intoxication in any public place otherwise than as
permitted under any law be punished.
|
2 Months
to 1 yr or
|
2,000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
10
|
Punishment for abetment of escape
of persons arrested etc. by any officer exercising powers under this Act.
|
6 Months or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
11
|
Punishments
for offences not otherwise provided for
|
-
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
25A
|
Enhanced punishment after previous conviction
|
Twice the punishment
|
-
|
-
|
-
|
|
26
|
Punishment
for vexatious search or arrest
|
6 Months or
|
500/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
Note on
Telangana Prohibition Act, 1995- All
offences under this Act are cognizable u/S.25. Cr.P.C applies to arrests, detention,
searches, summons, warrant of arrest, search warrants disposal of things
seized as per S.23. Officer is empowered
u/S.20 to use force to make an entry U/ss.17, 18 and 19, when there is
resistance. Officer not below the rank
of S.I. can search a place without a warrant after recording the reasons as
per S.18 similar to S.42 Cr.P.C. A person
suspected refuses to give name or giving false name can be arrested u/s.22 of
the Act. As per S.11 (b) offences falling
under Sec. 8(a), 8(b) (i) andS.9 or compoundable by the Collector or any Prohibition
& Excise officer specially empowered.
|
THE TELANGANA PROHIBITION OF RAGGING
ACT, 1997.
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
4
|
Penalty
for ragging - whoever, with the intention of causing ragging or with the knowledge
that he is likely to cause ragging by such act, commits or abets ragging and thereby
|
|
(i) teases
or embarrasses or humiliates a student
|
6 Months or
|
1000/
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
(ii) Assault
or uses criminal forces to criminally intimidates
a student
|
1 yr or
|
2000/
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
(iii)
wrongfully restrains or wrongfully confines or causes hurt to a student
|
2 yrs or
|
5000/
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
(iv) causes grievous hurt to or kidnaps’ or abducts or rapes or commits un-naturally offence with a student
|
5 yrs and
|
Upto 10,000/
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
(v) causes
death or abets suicide
|
10 yrs and
|
50,000/
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
7
|
Abetment-
if the head or managers of an educational institution fails or neglect to
take action in the manner specified
in Sec.6(1)
|
Punishment provided
for the offence
|
Cognizable
|
-
|
-
|
****
THE TELANGANA PUBLIC EXAMINATIONS
(PREVENTION OF MALPRACTICES AND UNFAIRMEANS) ACT, 1997.
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
8
|
Whoever contravenes
or attempts or conspires to contravene or abets the contravention of provisions
of Secs.3, 4, 5, 6 or 7 of the Act
|
3 to 7 yrs
|
N.L.
5000/- to 1 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
Sec.3 - prohibits use of unfairmeans,
Sec.4 - unauthorized possession and disclosure of
question paper,
Sec.5 - prohibits leakage of any work pertaining a
public examination by a person entrusted with such work,
Sec.6 - prevents manipulation of evaluation or record
of such evaluation of an examinee at a public examination,
Sec.7 - Prevents any kind of inducement like offer
or promise any guarantee of performance or success at a public examination in
advance as an inducement for admission
into such educational institution or tutorial.
|
|
9
|
Whoever
commits an offence punishable u/s.8 having made preparation for causing death
of any person or causing hurt to any person or assaulting any person or wrongfully
restraining any person or for putting any person in fear of death or hurt or assault etc. shall be punished
|
5 to 10 yrs
and
|
N.L 10,000/- to 1 Lakh
|
Cognizable
|
Non Bailable
|
Magistrate Court
|
|
10
|
Whoever being
entrusted with any work or has to perform any
duty pertaining to a public examination
willfully neglect such work or duty
required to be performed by him shall be punished
|
6 Months to
3 yrs and
|
N.L 5,000/- to 1 Lakh
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
11
|
Offences by companies (1) where an
offence against any of the provisions of this Act or any rule made thereunder
has been committed by a company, every person who at the time of offence was
committed was in-charge of, and was responsible to the company for the
conduct of business of the company, as well as the company, shall be deemed to
be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
|
Note: “N.L.” – No lilmit
THE TELANGANA GAMING ACT, 1974 (AMENDMENT)
ACT, 2017
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
3
|
(1) Penalty for opening, etc., a
common gaming house (1) Any person who opens, keeps or uses or permits to be used
any common gaming house or conducts or assists in conducting the business of any
common gaming house or advances or furnishes money for gaming therein, shall be punishable
|
|
(i) for the first offence, with
|
3 Months to
1 yr &
|
3000/- to
5000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
(ii) (a) for a 2nd offence,
|
6 Months to
2 yrs and
|
5000/- to
10000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
|
(b) for a 3rd or subsequent offence
|
6 Months to
1yr and
|
10000/-
|
Cognizable
|
Non Bailable
|
|
|
4
|
Whoever is found gaming or present
for the purpose of gaming, in a common gaming house on conviction be punished,
|
6 Months or
|
3000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
9(1)
(2)
|
Whoever
is found gaming or reasonably suspected to be gaming in any public street or thoroughfare
or in any place to which the public have, or are permitted to have, access shall
be punished.
|
6 Months or
|
5000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
Whoever is found setting any birds or animals to
fight or is reasonably suspected to be aiding or abetting such fighting of
birds or animals in any public street or thoroughfare or in any place to which
the public have, or are permitted to have, access, shall be punished with
|
6 Months or
|
5000/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
*****
THE TELANGANA TOWNS NUISANCES ACT,
1889.
|
Sec
|
Offence
|
Sentence
|
C/ NC
|
B/ NB
|
TC
|
|
Imprisonment
|
Fine
|
|
3
|
Penalty
for certain offences in public places - Whoever in any public place commits
any of the following offences shall be liable on conviction
|
8 day sand
|
50/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
5
|
Penalty for cruelty to animals: Whoever
cruelly beats, ill-treats, tortures, or drives,
rides or otherwise uses any animal in an unfit state to be so driven, ridden
or used, or causes any animal to be cruelly beaten, ill-treated, tortured, or
to be driven, ridden or used when unfit to be driven, ridden or used
|
1 Month and
|
50/-
|
Cognizable
|
Bailable
|
Magistrate Court
|
****
THE TELANGANA PUBLIC SECURITY ACT,
1992
|
Sec
|
Offence
|
Sentence
|
C/NC
|
B/NB
|
TC
|
|
Imprisonment
|
Fine
|
|
3(1)
|
Penalty - (1) Whoever is a
member of an unlawful association or takes part in meetings or activities of
any such association or contributes or receives or solicits any contribution
for the purpose of any such association
|
3 yrs and
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
|
3(2)
|
Whoever manages or assists in
the management of an unlawful association or promotes or assists in promoting
a meeting of any such association or of any members thereof, or in any way
assists, abets or aids the unlawful activities of any such association through whatever manner or
|
3 yrs and
|
Fine
|
Cognizable
|
Bailable
|
Magistrate Court
|
THE TELANGANA HABITUAL OFFENDERS ACT,
1962
|
Sec
|
Offence
|
Sentence
|
C/NC
|
B/NB
|
TC
|
|
Imprisonment
|
Fine
|
|
16.
|
On first conviction with imprisonment for a term
which may extend to six months or with fine which may extend to two hundred rupees or with both, and
|
6 Months or
|
200/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
|
|
On a second or subsequent conviction, with
imprisonment for a term which may extend to one year or with fine which may extend
to five hundred rupees or with both:
|
1 Yr or
|
500/-
|
Non Cognizable
|
Bailable
|
Magistrate Court
|
****
