5 years ago

Whether Offence Punishable With Imprisonment Which 'May Extend To Three Years' Cognizable or Non-Cognisable?- Rajasthan HC Refers To Larger Bench [Read Order]

The Rajasthan High Court is set to consider the question of law, "What would be the nature of an offence for which imprisonment 'may extend to three years' is provided and no stipulation is made in the statute regarding it being cognisable/non-cognisable?" "A plain reading of provision indicates that the offence under Section 91 of the Land Revenue Act stipulates punishment which may extend 'upto three years'. in the case of Rajeev Choudhary.The third category of offences which are made non-cognisable in this Section of the Schedule are those which are punishable 'with imprisonment for less than three years or with fine only'.Therefore,, awarding 'actual imprisonment of three years' for an offence which is made non-cognizable by this clause, is not a permissible option. The judge ventured that the offence under Section 91 of the Act would definitely be a non- cognisable one, considering Section 91 of the Land Revenue Act provides that the offender can be punished with imprisonment which may extend to three years.

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