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When an Offence under Section 135 of the Bombay Police Act for Contravening an Order or Notification Issued under Section 37 of the Said Act Becomes Cognizable?

By G. G. Pathak

Published In

Cri LJ 1986

Whoever disobeys an order lawfully made under S. 37 of the Bombay Police Act, 1951 (for short the Act) is liable for punishment under S. 135 of the Act. An offence under S. 135 of the Act is cognizable but subject to the conditions laid down in S. 70 of the Act. If those conditions are not followed then it does not become a cognizable offence. In that event it remains non-cognizable and a police officer does not get a right of arrest and consequently to launch a prosecution against a person who disobeys an order lawfully made under S. 37 of the Act. This in short is the proposition which I would like to put forth in this article. To appreciate the point raised by me, a reference will have to be made to Ss. 72 and 70 of the Act and also to the definition of cognizable offence as given in S. 2(c) of the Code of Criminal Procedure. Section 72 of the Act empowers any police officer to arrest any person without any order from a magistrate and without a warrant if that per ....

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