IF Act 64Chapter IX · Penalties and Procedure
Section 64 · Power to arrest without warrant
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(1) Any Forest-officer or Police-officer may, without orders
from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of
his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.
(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station.
(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of section 30.
STATE AMENDMENTS
Jammu and Kashmir and Ladakh (UTs).--
Section 64A.--After section 64, insert the following section, namely:--
64A. Offences non-bailable.--Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act other than those compoundable under section 68 shall be non-bailable.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
Maharashtra.--
Amendment of section 64 of Act XVI of 1927.--In section on 64 of the principal act, in subsection (1), for the words "Any Forest Officer or Police Officer", the words "Any Forest Officer, Police Officer or Revenue Officer" shall be substituted.
[Vide Maharashtra Act VI of 961, s. 10]
(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station.
(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of section 30.
STATE AMENDMENTS
Jammu and Kashmir and Ladakh (UTs).--
Section 64A.--After section 64, insert the following section, namely:--
64A. Offences non-bailable.--Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act other than those compoundable under section 68 shall be non-bailable.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
Maharashtra.--
Amendment of section 64 of Act XVI of 1927.--In section on 64 of the principal act, in subsection (1), for the words "Any Forest Officer or Police Officer", the words "Any Forest Officer, Police Officer or Revenue Officer" shall be substituted.
[Vide Maharashtra Act VI of 961, s. 10]
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