Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2017 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 1661 - SC - Indian LawsWhether Notification issued under Section 10 of the Criminal Law Amendment Act, 1932 (a Central legislation), declaring Sections 186, 188, 189, 228, 295-A, 298, 505 or 507 of the Penal Code, 1860 (45 of 1860) when committed in the Union Territory of Goa (now State), Daman and Diu, to be cognizable and Sections 188 or 506 IPC to be non-bailable when committed, in the said territory ? HELD THAT:- There is no dispute that the 1932 Act is a Central legislation and even today it is operative and power conferred under Section 10 can be exercised. In these circumstances, merely because the 1898 Code has been repealed and replaced by the 1973 CrPC, could not affect the situation. We approve the view taken by the High Courts of Gujarat, Delhi, Allahabad and Madras in Vinod Rao, Sant Ram, Mata Sewak Upadhyay and P. Ramakrishnan and disapprove the view taken by the High Court of Allahabad in Pankaj Shukla. Notification dated 27-6-1973 read with Notification dated 5-7-1973 are operative in the area mentioned therein - Appeal allowed.
|