What is the nature of offences such as violation of duty or wilful bre

What is the nature of offences such as violation of duty or wilful breach or neglect of any rule or regulations or lawful orders of a supervisory officer under Section 18 of the CISF Act, 1968 ?

Cognizable and bailable

Non-cognizable and bailable

Cognizable and non-bailable

Non-cognizable and non-bailable

Answer is Right!

Answer is Wrong!

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UPSC CISF-AC-EXE – 2023

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Section 18 of the CISF Act, 1968 lists various minor offences, including violation or neglect of duty, or breach of rules or orders. Section 19 of the Act grants power to any supervisory officer or authorized enrolled member to arrest without warrant for most of the offences listed in Section 18 (specifically clauses (b) to (p)). The power to arrest without warrant is a characteristic of cognizable offences under the Code of Criminal Procedure, 1973. The punishment for offences like breach of rules or orders under Section 18 is typically imprisonment up to one year or fine or both. According to Part II of Schedule I of the CrPC, offences under laws other than IPC punishable with imprisonment for less than three years are generally classified as non-cognizable and bailable. However, the specific power of arrest without warrant granted by Section 19 of the CISF Act for these offences suggests that they are treated as cognizable *within the framework of the Act*. Despite being cognizable, offences punishable with imprisonment up to one year are generally bailable under the CrPC. Therefore, such offences under Section 18 of the CISF Act are best classified as Cognizable and Bailable.

– Section 19 of CISF Act grants power of arrest without warrant for most Section 18 offences, indicating they are treated as cognizable.
– Punishment for minor offences under Section 18 is typically up to one year imprisonment, which usually classifies an offence as bailable under CrPC.

The classification of offences under special Acts can sometimes deviate from the general rules in the CrPC schedule. However, interpreting Section 19 (arrest without warrant) as defining cognizable nature for the purpose of the Act, and the punishment range (up to 1 year) as defining bailable nature according to CrPC general principles, leads to the conclusion that these are Cognizable and Bailable offences.

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