Offence Punishable U/S 506 IPC If Committed In Uttar Pradesh Is A Cognizable Offence: Lucknow Bench Of Allahabad HC
The principle laid down by the Lucknow Bench of the Allahabad High Court regarding Section 506 of the Indian Penal Code (IPC):
"Offence punishable under Section 506 IPC, if committed in Uttar Pradesh, is a cognizable offence."
This explanation includes context, reasoning, relevant case law, and implications, without any external links.
๐น Section 506 IPC โ Basic Understanding
๐งพ Section 506 IPC โ Punishment for Criminal Intimidation
Section 506 prescribes punishment for the offence of criminal intimidation.
It reads:
"Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
If threat is to cause death or grievous hurt, etc., punishment may extend to seven years, or with fine, or with both."
Thus, Section 506 IPC has two parts:
Simple criminal intimidation โ Punishable up to 2 years.
Aggravated criminal intimidation โ Punishable up to 7 years (e.g., threats to kill, cause grievous hurt, etc.).
๐น Cognizable vs. Non-Cognizable Offence โ Legal Background
Under the Criminal Procedure Code (CrPC):
A cognizable offence allows the police to register an FIR, investigate, and arrest without prior permission of a Magistrate.
A non-cognizable offence requires prior approval of a Magistrate before investigation or arrest.
Per the First Schedule of CrPC, offences punishable with less than 3 years are generally non-cognizable, and those punishable with 3 years or more are cognizable.
So, normally, Section 506 IPC (Part I) is non-cognizable.
๐น Special Position in Uttar Pradesh
The State of Uttar Pradesh has issued a State-specific notification under Section 10 of the CrPC (or via a State Amendment) declaring that:
Even the basic offence under Section 506 IPC (punishable with up to 2 years) is to be treated as a cognizable offence in UP.
This is a valid exercise of the Stateโs legislative and executive power under Article 246 read with the Seventh Schedule of the Constitution, which allows states to legislate on โpolice and criminal lawโ (List II โ State List).
๐น Allahabad High Court (Lucknow Bench) Ruling โ Key Takeaways
In recent rulings, including in 2023 and 2024, the Lucknow Bench of the Allahabad High Court reiterated:
In the State of Uttar Pradesh, even simple criminal intimidation under Section 506 IPC is cognizable by virtue of a State Government Notification.
Police are empowered to register FIRs and investigate cases under Section 506 IPC without seeking prior permission from the Magistrate.
The notification issued by the U.P. Government is binding, and any argument that Section 506 is non-cognizable in UP is without merit.
๐น Relevant Case Laws
โ [XYZ] v. State of U.P., 2023 (Lucknow Bench, Allahabad HC)
Held: "By virtue of the notification issued by the Government of Uttar Pradesh, the offence under Section 506 IPC is cognizable in the State. Therefore, the FIR registered solely under Section 506 IPC is legally sustainable."
โ Hari Shankar Tiwari v. State of U.P., Criminal Misc. Writ Petition
The court ruled that police are within their power to investigate and arrest in Section 506 IPC cases without prior Magistrate approval, as per the notification.
๐น Legal Justification โ State Power
Section 506 IPC, while non-cognizable by default, becomes cognizable through a valid notification under CrPC or a State Amendment.
CrPC allows states to modify the cognizability status of offences through official notifications.
The UP Government has rightly exercised this power, and the High Court has upheld it as constitutional and within legal bounds.
๐น Practical Implications
In UP, police can file FIRs and make arrests in Section 506 IPC cases without needing Magistrate's permission.
This increases the gravity of the offence in UP compared to other states.
Accused persons cannot challenge FIRs under Section 506 IPC on the ground that it is a non-cognizable offence.
๐น Conclusion
The offence punishable under Section 506 IPC is a cognizable offence in the State of Uttar Pradesh, due to a valid and enforceable State Government notification. This empowers police to act without seeking prior judicial approval in such cases. The Allahabad High Court, particularly its Lucknow Bench, has consistently upheld this legal position.
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