Table of Contents
What Is Section 77
Section 77 : “No compensation awarded, penalty imposed or confiscation made under this Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force.”
Note: Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
What Is Section 77A, Compounding of Offences
A court of competent jurisdiction may compound offenses, other than offenses for which the punishment of life or imprisonment for a term exceeding three years has been provided, under this Act:
Provided that the court shall not compound such offense where the accused is, by reason of his previous conviction, liable to either enhanced punishment or to a punishment of a different kind:
Provided further that the court shall not compound any offense where such offense affects the socio-economic conditions of the country or has been committed against a child below the age of 18 years or a woman.
(2) The person accused of an offense under this Act may file an application for compounding in the court in which the offense is pending for trial and the provisions of sections 265B and 265C of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply.
What Is Section 77B, Offences with three years imprisonment to be cognizable
according to the section 77B, “Notwithstanding anything contained in Criminal Procedure Code 1973, the offense punishable with imprisonment of three years and above shall be cognizable and the offense punishable with imprisonment of three years shall be bailable.”
Cases Of Section 77
- Surendra Kumar Bhatia vs Kanhaiya Lal & Ors on 30 January, 2009.
- Mr. E.S. Sanjeeva Rao vs Central Bureau Of Investigation on 2 May, 2012.
- 5 Circulate In All Subordinate … vs State Of Gujarat on 30 October, 2015.
- K.Veera Raghava Reddy vs State Of Telangana Rep., By Its … on 4 November, 2016.
- State vs . Sanjay on 27 August, 2019.
- State vs Yeshwant Parashram Sawant on 3 November, 1976.
- Ajay Kumar Singh vs Flag Officer Commanding & Ors on 13 July, 2016.
- (Hari Shankar Bhardwaj vs . State Of Rajasthan & Ors.) on 5 January, 2016.
- Narayan Diwakar S/O Late Sh. … vs State Of Maharashtra And Anr on 1 February, 2017.
Also read :- Section 65, Tampering with computer source Documents