HC asks TN to consider reviewing 1970 notification

Last Updated: Wednesday, February 8, 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 8, 2012 - 16:10
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