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The Special Powers Act, 1974

( ACT NO. XIV OF 1974 )

[ 9th February, 1974 ]

Offences to be cognizable and non-bailable
32. Notwithstanding anything contained in the Code or in any other law for the time being in force,-
 
 
 
 
(a) all offences triable under this Act shall be cognizable ; 1[and]
 
 
 
 
2[* * *]
 
 
(c) no person accused or convicted of 3[an] offence triable under this Act shall, if in custody, be released on bail or on his own bond unless-
 
 
 
 
(i) the prosecution has had opportunity of being heard in respect of the application for such release; and
 
 
 
 
(ii) where the prosecution opposes the application, the Magistrate, Special Tribunal or Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence.
  • 1
    The word “and” was added by section 4 of the Special Powers (Amendment) Ordinance, 1977 (Ordinance No. XL of 1977)
  • 2
    Clause (b) was omitted by section 4 of the Special Powers (Amendment) Ordinance, 1977 (Ordinance No. XL of 1977)
  • 3
    The word “an” was substituted for the words “any other” by section 4 of the Special Powers (Amendment) Ordinance, 1977 (Ordinance No. XL of 1977)
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