Section 22 of The prohibition of employment as manual scavengers and their rehabilitation act, 2013
Offence to be cognizable and non-bailable.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),every offence under this Act shall be cognizable and non-bailable.
Summary
- Every crime committed under this law is considered "cognizable".
- Cognizable means the police have the authority to arrest an accused person without needing a warrant from a court.
- Every crime under this law is also "non-bailable".
- Non-bailable means that getting released on bail is not a right, and a person must apply to a court which will decide whether to grant it.
- These rules apply even if they contradict the general rules found in the Code of Criminal Procedure.
Practical examples
FAQ
1. Can the police arrest someone for manual scavenging without a warrant?
Yes, because all offences under this Act are cognizable.
2. Is it easy to get bail if you are arrested under this Act?
No, all offences are non-bailable, meaning bail is not guaranteed and depends on the court's decision.
Test yourself
1.Under Section 22 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, an offence being "cognizable" means:
2.According to Section 22 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which offences under the Act are non-bailable?
3.How does Section 22 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, relate to the Code of Criminal Procedure, 1973?
4.If a person is accused of a "non-bailable" offence under Section 22 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, what is the result?