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Wednesday, 15 October 2025

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.

  

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, ADDL. 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 – 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.

 

 

NoteAll 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

 

****

 


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.

    VARIOUS KINDS OF ACTS AND PUNISHMENTS INCLUDING THE DETAILS AS TO WHETHER COGNIZABLE OR NON-COGNIZABL, BAILABLE OR NON-BAILBALE, AND...