INDIAN KANOON SECTION 164 IPC - Indian Penal Code - Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.

Description

Repealed by the Prevention of Corruption Act, 1988

Applicable Offences

Abetment by public servant of the offences defined in the last two preceding clauses with reference to himself

Punishment - 3 Years or Fine or Both

This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.