Section 265L CrPC: Non-Application of Chapter – Code of Criminal Procedure

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Section 265L CrPC: Non-Application of Chapter – Code of Criminal Procedure

1. State the code

Section 265L of the Code of Criminal Procedure, 1973 (CrPC) states that certain provisions of Chapter XX (which deals with Maintenance of Public Order and Tranquility) do not apply to certain offenses and proceedings.

2. Explain it

This section essentially exempts specific offenses and legal processes from the rules outlined in Chapter XX of the CrPC. This means that the procedures for maintaining public order and tranquility, as detailed in those sections, do not apply to the exempted cases.

The exemption is intended to ensure that specific types of offenses and legal proceedings are handled in a manner appropriate to their unique nature and circumstances.

3. Illustrate it

For example, Section 265L specifically exempts proceedings relating to:

  • Offenses under the Official Secrets Act, 1923
  • Offenses under the Foreign Exchange Regulation Act, 1947
  • Offenses under the Prevention of Corruption Act, 1988
  • Offenses under the Terrorist and Disruptive Activities (Prevention) Act, 1987
  • Proceedings under the Special Act¬†relating to the Armed Forces

This means that the provisions of Chapter XX, such as those related to the prohibition of public meetings or restrictions on the movement of persons, do not apply to these specific offenses and proceedings.

4. Common Questions and Answers

Here are some common questions and answers regarding Section 265L of the CrPC:

  • Q: Why is this exemption necessary?
    A: This exemption is intended to prevent the disruption of critical law enforcement and national security operations. It allows for specific offenses and legal processes to be dealt with in a manner that is more efficient and effective, without the constraints of procedures designed for maintaining general public order.
  • Q: Does this section apply to all offenses?
    A: No. This section only applies to the specific offenses and proceedings listed within it. Other offenses and legal processes remain subject to the provisions of Chapter XX.
  • Q: Are there any other exceptions to the application of Chapter XX?
    A: Yes. Section 265L is not the only exemption. There are other specific provisions within the CrPC that may exclude certain offenses or proceedings from the application of Chapter XX.
Also Read  CrPC Section 144A: Prohibition on Carrying Arms in Processions, Drills, and Training
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