Supreme Court · 1976 INSC 284 · Decided 5 November 1976
Balchand Jain v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 1976 INSC 284 · [1977] 2 S.C.R. 52
- Case number
- CRIMINAL APPEAL No. 325/1975
- Decided
- 5 November 1976
- Bench
- P.N. BHAGWATI, A.C. GUPTA, S. MURTAZA FAZAL ALI (3-judge bench)
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 438
Headnote
Defence and Internal Security of India Rules, 1971-r. 184-If supersedes S. 438. Cr. P.C. 1973. Section 438 of the. Code of Criminal Procedure, 1973 provides that when any person has rea~on to believe that he may be arrested on an accusation of having committed a non-bailable otfence, he may apply under this Section. Rule 184 of the Rules made under Defence and Internal Security of India Act, 1971 enacts that not­ "ithstanding anything contained in the Code of Criminal Procedure, 1898, no person accused or convicted of a contravention of the Rules or orders made thereunder
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