OFFENCES AND PROCEDURE FOR TRIALCentral
Section 25 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- (1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable and bailable.
- (2)An offence under this Act shall be tried summarily by a Magistrate.
Summary
- The single most important thing this provision does is establish that every criminal offence under this law allows for immediate arrest, guarantees bail, and is tried quickly by a Magistrate.
- It specifically overrides any conflicting standard rules found in the Code of Criminal Procedure from 1973.
- Every offence is classified as cognizable, meaning the police have the authority to arrest a suspect without waiting for a court warrant.
- Every offence is also classified as bailable, meaning the arrested person has a fundamental legal right to be released on bail.
- A Magistrate is required to try these offences summarily, which means the court must use a shortened, fast track procedure instead of a full length trial.
FAQ
1. Are offences under Section 25 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 bailable?
Yes, Section 25 of this senior citizens welfare law states that every offence under it is bailable. This rule applies no matter what is written in the Code of Criminal Procedure, 1973. It also clearly states that these offences are cognizable, meaning police handle them directly.
2. Who tries offences under Section 25 of the 2007 senior citizens law?
A Magistrate will try offences under Section 25 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
3. How are trials handled under Section 25 of the parents maintenance act?
Section 25 of this maintenance act says that a Magistrate must try the offences summarily.