Bare Act Search Results

Companies Act, 2013, Section 212

Title: Investigation into Affairs of Company by Serious Fraud Investigation Office

State: Central

Year: 2013

..... (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offences covered under sub-sections (5) and (6) of section 7, section 34, section 36, subsection (1) of section 38, sub-section (5) of section 46, sub-section (7) of section 56, subsection (10) of section 66, sub-section (5) of section 140, sub-section (4) of section 206, section 213, section 229, sub-section (1) of section 251, sub-section (3) of section 339 and section 448 which attract the punishment for fraud provided in section 447 of this Act shall be cognizable and no person accused of any offence under those sections shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the Special Court so directs: Provided further.....

Finance Act, 2012, (Central) Section 121

Title: Insertion of New Section 104a

State: Central

Year: 2012

After section 104 of the Customs Act, the following section shall be inserted, namely:-- "104A. Bail for offence punishable for a term of imprisonment of three years or more under section 135 not to be granted without hearing public prosecutor.-- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), no person accused of an offence punishable for a term of imprisonment of three years or more under section 135 shall be released on bail or on his own bond unless-- (i) the public prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the public prosecutor opposes the application, the Magistrate is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person who is under the age of eighteen years or is a woman or is sick or infirm, may be released on bail if the Magistrate so directs. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), no police officer shall, save as otherwise provided under this Act, investigate into an offence under.....

Finance Act, 2012, (Central) Section 135

Title: Substitution of New Section for Section 13

State: Central

Year: 2012

For section 13 of the Central Excise Act, the following sections shall be substituted, namely:-- "13. Power to arrest.-- (1) If an officer of Central Excise empowered in this behalf by general or special order of the Commissioner of Central Excise has reason to believe that any person has committed an offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest. (2) Every person arrested under sub-section (1) for an offence shall, without unnecessary delay, be taken to a Magistrate. (3) Where an officer of Central Excise has arrested any person under sub-section (1), for any offence (other than an offence punishable for a term of imprisonment of three years or more under section 9), he shall, for the purpose of releasing such person on bail or otherwise, have the same powers and be subject to the same provisions as the officer-in-charge of a police station has, and is subject to, under the Code of Criminal Procedure, 1973(2 of 1974). (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), all offences under this Act (except an offence punishable for a term of.....

Drugs and Cosmetics (Amendment) Act 2008 Section 20

Title: Insertion of New Section 36ab, 36ac, 36ad and 36ae

State: Central

Year: 2008

.....to adulterated drugs or spurious drugs and punishable under clauses (a) and (b) of section 13, subsection (5) of section 22, clauses (a) and (c) of section 27, section 28, section 28A, section 28B and clause (b) of sub-section (1) of section 30 and other offences relating to adulterated drugs or spurious drugs, by notification, designate one or more Courts of Session as a Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification. Explanation.---In this sub-section, "High Court" means the High Court of the State in which a Court of Session designated as Special Court was functioning immediately before such designation. (2) While trying an offence under this Act, a Special Court shall also try an offence, other than an offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973(2 of 1974), be charged at the same trial. 36AC. Offences to be cognizable and non-bailable in certain cases-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974) -- (a) every offence, relating to adulterated or spurious drug and.....

Drugs and Cosmetics (Amendment) Act, 2008 Complete Act

State: Central

Year: 2008

.....construed as a reference to the commencement of that provision. 2. Insertion of new Section 17-E. " After Section 17-D of the Drugs and Cosmetics Act, 1940 (Act 23 of 1940) (hereinafter referred to as the principal Act), the following Section shall be inserted, namely," "17-E. Adulterated Cosmetics." For the purposes of this Chapter, a cosmetic shall be deemed to be adulterated," (a) if it consists in whole or in part, of any filthy, putrid or decomposed substance; or (b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or (c) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or (e) if it contains any harmful or toxic substance which may render it injurious to health; or (f) if any substance has been mixed therewith so as to reduce its quality or strength.". 3. Amendment of Section 18. " In Section 18 of.....

Sashastra Seema Bal Act 2007 Chapter III

Title: Offences

State: Central

Year: 2007

.....subject to this Act who deserts or attempts to desert the service shall, on conviction by a Force Court,-- (a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and (b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. (4) For the purposes of this Act,.....

Sashastra Seema Bal Act 2007 Section 27

Title: Certain Forms of Disgraceful Conduct

State: Central

Year: 2007

Any person subject to this Act who commits any of the following offences, namely:-- (a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) maligns, or feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or (c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

Assam Rifles Act, 2006 Chapter IV

Title: Offences

State: Central

Year: 2006

.....to this Act who deserts or attempts to desert the service shall, on conviction by an Assam Rifles Court,-- (a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and (b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by an Assam Rifles Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognisant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by an Assam Rifles Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. Section 26 -.....

Assam Rifles Act, 2006 Section 33

Title: Certain Forms of Disgraceful Conduct

State: Central

Year: 2006

Any person subject to this Act who commits any of the following offences, that is to say,-- (a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or (c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by an Assam Rifles Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

Protection of Human Rights (Amendment) Act, 2006 Section 5

Title: Substitution of New Section for Section 5

State: Central

Year: 2006

For section 5 of the principal Act, the following section shall be substituted, namely:-- "5. Resignation and removal of Chairperson and Members.--(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office. (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed. (3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be,-- (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or. (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) is of unsound mind and.....