HC asks TN to consider reviewing 1970 notification
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Last Updated: Wednesday, February 08, 2012, 16:10
Madurai: The Madras High Court Bench here has suggested to the Tamil Nadu government to review its notification of August 1970, declaring the charge of criminal intimidation under Section 506 (1) of the Indian Penal Code (IPC) as a non-bailable offence.

However, it left it to the government to take a decision on the issue.

A Division Bench of Justice M Jaichandren and Justice S Nagamuthu said there was a need to take a re-look into the 1970 notification as even grave offences like voluntarily causing grievous hurt with dangerous weapons under Section 324 and 325 of IPC were bailable in nature.

"The government shall also consider as to whether the liberty of a citizen, guaranteed under the provisions of the Constitution of India, is to be curtailed, by way of the Government Order dated August 3, 1970, in the prevailing socio-legal scenario," the judges said.

They added such a notification "would place the fundamental right of life and personal liberty of an individual in substantial peril" unless and otherwise the situation really warranted the declaration of an offence under Section 506 (i) as cognizable (an offence for which the police could arrest without warrant) as well as non-bailable.

The matter was referred to the Division Bench following a doubt raised by the single judge over the validity of the 1970 notification, which was passed by the government by exercising powers conferred on it under Section 10 of the Criminal Law Amendment Act, 1932. Different High Courts in the country had taken contrary views while dealing with similar notifications issued in their states.


First Published: Wednesday, February 08, 2012, 16:10

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