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Section 16D of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962

Section 438 of the Code of Criminal Procedure, 1973 not to apply.

Nothing in section 438

of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under sub-section (4) of section 15.]

Summary

This restriction applies only to people accused of an offence under Section 15(4) of the Act.
Section 15(4) covers very dangerous acts like using fire or explosives to damage a pipeline while intending to commit sabotage or knowing it could cause death.
This means if a person is accused of the serious sabotage crimes in Section 15(4), they cannot use the standard legal procedure to avoid being taken into custody before their trial.

Practical examples

1On July 20, 2026, a man named Rohan is accused of using an explosive device to destroy a gas pipeline in Maharashtra to disrupt the city's power supply. Because this is a serious sabotage charge under Section 15(4), Section 16D prevents Rohan from going to court to get an anticipatory bail order before the police arrest him.

2Anjali is suspected of intentionally setting a massive fire near a petroleum pipeline terminal on August 15, 2026, which put many lives at risk. Even if she believes the charges are unfair, Section 16D means she cannot apply for pre-arrest bail, and the police can take her into custody as soon as they have grounds for the arrest.

FAQ

1. What is Section 438 of the Code of Criminal Procedure?

It is the general law that normally allows a person to ask a court for bail if they believe they are about to be arrested for a crime.

2. Does Section 16D apply to every crime under this Act?

No, it only applies to the most serious offences listed in Section 15(4), such as damaging pipelines with fire or explosives to commit sabotage.

3. Why was Section 16D added to this law?

It was added to ensure that people accused of high-risk sabotage or life-threatening damage to vital energy pipelines cannot avoid being taken into custody.

Test yourself

1.Under Section 16D of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, which specific legal right is taken away from certain accused persons?

2.Section 16D of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 only triggers when a person is accused of an offence under which other part of the Act?

3.If a person is accused of using fire to damage a petroleum pipeline with the intent to commit sabotage under The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, how does Section 16D affect them?

4.Which of the following is true regarding Section 16D of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962?

16CPreviousSection 16C Provisions as to bail.17NextSection 17 Power to make rules.

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