Section 10A of The Essential Commodities Act, 1955 — Offences to be cognizable

Bare section text

Official Legislative Text

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence punishable under this Act shall be “cognizable and non-bailable.

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Summary

This section overrides the general rules of criminal procedure regarding how arrests and bail are handled for violations under the Act.
Every offence punishable under this law is declared to be cognizable, which means police officers can arrest a suspect without waiting for a warrant from a judge.
Every offence under this law is also made non-bailable, meaning an arrested person does not have an automatic right to get bail at the police station.
For a suspect to be released on bail under this provision, they must apply directly to a court of law, which has the power to decide whether to grant or deny bail.

Practical examples

1In December 2025, a police officer receives a reliable tip that a wholesaler named Anil is secretly hoarding thousands of tons of edible oil in a hidden basement in violation of a government order. Under the rules of Section 10A, the officer can go directly to the basement and arrest Anil on the spot without needing to first apply to a judge for an arrest warrant.

2After Anil is arrested for hoarding the oil, his family goes to the local police station to demand his release on bail by paying a deposit. The police officer in charge explains that because the offence is non-bailable, the police station cannot grant him bail, and Anil must remain in custody until his lawyer applies for and is granted bail by a magistrate in court.

FAQ

1. Can a police officer arrest someone without a warrant under Section 10A of the Essential Commodities Act, 1955?

Yes, under Section 10A of the Essential Commodities Act, 1955, all offences under this Act are made cognizable, which means the police have the legal authority to arrest an accused person without a warrant.

2. Does an accused person have an automatic right to bail under Section 10A of the Essential Commodities Act, 1955?

No, under Section 10A of the Essential Commodities Act, 1955, every offence is non-bailable, which means the police cannot automatically release the arrested person on bail, and the person must apply to a court for bail.

3. Which general criminal law does Section 10A of the Essential Commodities Act, 1955, override?

Section 10A of the Essential Commodities Act, 1955, overrides the Code of Criminal Procedure, 1973, which normally determines whether an offence is cognizable or bailable.

4. What is the main purpose of Section 10A of the Essential Commodities Act, 1955?

The main purpose of Section 10A of the Essential Commodities Act, 1955, is to ensure swift and strict enforcement against black marketing and hoarding by allowing immediate arrests and requiring court approval for bail.

Practice Quiz

Q1.Under Section 10A of the Essential Commodities Act, 1955, what does it mean when the Act declares every offence to be "cognizable"?

Q2.Under Section 10A of the Essential Commodities Act, 1955, how is bail treated for an individual arrested for violating a price control order?

Q3.Under Section 10A of the Essential Commodities Act, 1955, which of the following statutes is overridden regarding whether an offence is bailable or cognizable?

Q4.Under Section 10A of the Essential Commodities Act, 1955, which offences under the Act are classified as cognizable and non-bailable?

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