You are viewing the translated version of खास किसिमका सानातिना कसूरमा मुद्दा दायर गर्न आवश्यक नहुने.

Section 34
It is not necessary to file a case in certain types of minor offenses

(1) If it is not practical to file a case for a particular type of minor offense as per Schedule-1 or Schedule-2 or it does not affect the public interest, the Public Prosecutor may decide not to file a case against such a person with the approval of the Attorney General.
(2) Before making a decision in accordance with sub-section (1), the public prosecutor shall make such accused confess that he will not commit such an offense in the future.
(3) For the purposes of this section, "special minor offences" means the following offences:-
(a) Baglimara offenses up to one thousand rupees committed for the first time,
(b) The offense of begging for the first time,
(c) Any other offense committed for the first time punishable with a fine which may extend to three thousand rupees or with imprisonment for a term which may extend to one month or with both.
(4) Before deciding not to prosecute the case according to this section, the public prosecutor shall confiscate the property of the offender.
(5) If there is a person who is a victim of the crime confiscated according to sub-section (4), he should be registered in the victim relief fund established according to law.
(6) If a case is not filed in accordance with sub-section (1), if such person commits any offense under this Code within three years from such date, the punishment for the previous offense shall also be added to him.
(7) Notwithstanding anything written elsewhere in this section, the aggrieved party who is not satisfied with the decision of the public prosecutor to not prosecute the case may file a case on his behalf.
(8) In case of a decision not to pursue a case according to sub-section (7), the victim shall be notified immediately and for that purpose, the limitation period according to the law shall be deemed to have started from the date of receipt of the notification of such decision.
(9) The person who files a case according to sub-section (7) shall be provided with a copy of the documents of the investigation conducted in accordance with this paragraph by the concerned public prosecutor.