Bare ActsThe POLICE ACT, 1861

Section 36

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Power to prosecute under other law not affected:- Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Regulation or Act for any offence made punishable by this Act, or from being liable under any other Regulation or Act or any other or higher penalty or punishment than is provided for such offence by this Act. Proviso:- Provided that no person shall be punished twice for the same offence. COMMENTS Any person may be prosecuted for an offence punishable by this Act under any other Regulation or Act, too. However, no person shall be punished twice for the same offence. 3[37. Recovery of penalties and fines imposed by Magistrates:- The provisions of sections 64 to 70, both inclusive, of the Indian Penal Code, (45 of 1860) and of sections 386 to 389, both inclusive, of the Code of 4Criminal Procedure, 1882 (10 of 1882) with respect to fines, shall apply to penalties, and fines imposed under this Act on Conviction before a Magistrate: Provided that, notwithstanding anything contained in section 65 of the first- mentioned Code, any person sentenced to fine under section 34 of this Act, may be imprisoned in default of payment of such fine for any period not exceeding eight days.] COMMENTS The provisions of sections 64, 65, 66, 67, 68, 69 and 70 of the Indian Penal Code, 1860 and the provisions of the Code of Criminal Procedure, 1973 shall apply to penalties and fines imposed under this Act on conviction before a Magistrate. A person who is sentenced to fine under section 34 of this Act can be imprisoned in default of payment 1 Certain words rep. by Act No. 10 of 1882, sec. 2 and Sch. I(b). 2 i.e., by a Magistrate of the First Class, See sec. 3(1) of the Code of Criminal Procedure, 1973 (2 of 1974). 3 Subs: by Act No.8 of 1895, sec. 14, for the original sections 37 to 40. 4 See now sections 421 to 424 of the Code of Criminal Procedure, 1973 (2 of 1974). 16 of fine for not more than 8 days. .

Section 36 – The POLICE ACT, 1861 | DailyLaw.ai