Section 34
Cases On Minor Offences Of Specific Type May Not Be Filed
(1) If it
appears that it is not practicable to file a case on any minor offence
of any specific type or it does not substantially affect public interests,
the government attorney may, with the approval of the Attorney
General, decide not to file a case against such person.
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(2) Prior to making decision pursuant to sub-section (1), the
government attorney shall cause a bond to be executed by such
accused undertaking not to repeat such offence in the future.
(3) For the purposes of this Section, the words 'minor
offence of specific type' means any of the following offences:
(a) Offence related to pickpocketing involving the
claimed amount of less than one thousand rupees,
committed for the first time,
(b) Offence of begging committed for the first time,
(c) Any other offence punishable by a sentence of a
fine not exceeding three thousand rupees or of
imprisonment for a term not exceeding one month
or both the sentences, committed for the first
time.
(4) Prior to making decision not to institute a case pursuant
to this Section, the government attorney shall forfeit the claimed
amount of the offence.
(5) The claimed amount forfeited pursuant to sub-section
(1) shall be provided to the person, if any, victimized from the
offence and, failing such victim, to the victim relief fund established
under law.
(6) If a case is not filed pursuant to sub-section (1) and such
person commits any offence under this Act within three years from
such date, such person shall be liable to the sentence to which the
sentence that can be imposed on him or her for the previous offence
shall also be added.
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(7) Notwithstanding anything contained elsewhere in this
Section, if the government attorney makes decision not to institute a
case, the victim party who is not satisfied with such decision may file
a case on his or her own behalf.
(8) If decision is made not to institute a case pursuant to
sub-section (7), a notice thereof shall be given to the victim
immediately; and, for that purpose, the statute of limitation under
law shall be deemed to commence from the date of receipt of the
notice of such decision.
(9) The concerned government attorney shall provide
copies of the documents related to the investigation conducted
pursuant to this Chapter to the person who files a case pursuant to
sub-section (7).
appears that it is not practicable to file a case on any minor offence
of any specific type or it does not substantially affect public interests,
the government attorney may, with the approval of the Attorney
General, decide not to file a case against such person.
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(2) Prior to making decision pursuant to sub-section (1), the
government attorney shall cause a bond to be executed by such
accused undertaking not to repeat such offence in the future.
(3) For the purposes of this Section, the words 'minor
offence of specific type' means any of the following offences:
(a) Offence related to pickpocketing involving the
claimed amount of less than one thousand rupees,
committed for the first time,
(b) Offence of begging committed for the first time,
(c) Any other offence punishable by a sentence of a
fine not exceeding three thousand rupees or of
imprisonment for a term not exceeding one month
or both the sentences, committed for the first
time.
(4) Prior to making decision not to institute a case pursuant
to this Section, the government attorney shall forfeit the claimed
amount of the offence.
(5) The claimed amount forfeited pursuant to sub-section
(1) shall be provided to the person, if any, victimized from the
offence and, failing such victim, to the victim relief fund established
under law.
(6) If a case is not filed pursuant to sub-section (1) and such
person commits any offence under this Act within three years from
such date, such person shall be liable to the sentence to which the
sentence that can be imposed on him or her for the previous offence
shall also be added.
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(7) Notwithstanding anything contained elsewhere in this
Section, if the government attorney makes decision not to institute a
case, the victim party who is not satisfied with such decision may file
a case on his or her own behalf.
(8) If decision is made not to institute a case pursuant to
sub-section (7), a notice thereof shall be given to the victim
immediately; and, for that purpose, the statute of limitation under
law shall be deemed to commence from the date of receipt of the
notice of such decision.
(9) The concerned government attorney shall provide
copies of the documents related to the investigation conducted
pursuant to this Chapter to the person who files a case pursuant to
sub-section (7).