NON-IPC OFFENCES WITH UPTO 3 YEARS ARE COGNIZABLE AND NON COGNIZABLE AND NON BAILABLE - BOMBAY HIGH COURT

9th March

The Bombay High Court held that offences under any law other than IPC, which are punishable up to 3 years are cognizable and non-bailable. The court ruled this while hearing a pre-arrest bail application of a man charged under the Copyright Act. The accused was booked for allegedly manufacturing and selling sub-standard pipes under the complaint company's trademark name.

Counsel appearing on behalf of the Applicant/Accused Stated that the lower court has already granted bail to the co-accused as section 418 of IPC, 63 of Copyright Act, and 103 of the Trademark Act are bailable. To which the Hon'ble Court opined that the magistrate did not consider whether some sections of the mentioned acts are bailable or not. Hence, the bench proceeds to appoint an amicus curiae.

The Amicus Curiae informed that various courts have already settled this issue. It has been already held that punishments that extend up to 3 years are non-bailable offences. The bench relied on those cases and rejected the application.

Author: Papiha Ghoshal