Central
Section 8 of The Indecent Representation of Women (Prohibition) Act, 1986
- (1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be bailable.
- (2)An offence punishable under this Act shall be cognizable.
Summary
- Bailable means that an accused person is legally entitled to be released from custody on bail as a matter of right.
- This section also declares that any offence under this Act is cognizable.
- Cognizable means that a police officer has the authority to arrest an accused person without an arrest warrant from a court.
- These provisions apply notwithstanding (regardless of) anything written in the Code of Criminal Procedure, 1973.
Practical examples
1On September 22, 2026, a police officer in Mumbai arrested a store owner named Anil for selling indecent booklets. Because the offence is cognizable, the officer arrested Anil immediately without waiting to apply for a warrant from a magistrate.
2Following his arrest, Anil applied for bail at the police station. Because the offence is bailable, Anil was legally entitled to be released on bail once he met the standard bail conditions.
FAQ
1. What procedural law does Section 8 override to establish these rules?
It overrides the Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 8(1), how are offences under this Act classified regarding bail?
Q2.What does the term cognizable mean in Section 8(2)?
Q3.Which specific procedural law is mentioned in Section 8?
Q4.Are there any offences punishable under this Act that are non-bailable?
Q5.Does Section 8 require the police to obtain a warrant before making an arrest?