Section 8 of IRWPA : Section 8: Offences To Be Cognizable And Bailable

Explanation using Example

Imagine a scenario where a local magazine publishes an advertisement that depicts a woman in an indecent manner, which is in violation of The Indecent Representation of Women (Prohibition) Act, 1986. A complaint is filed against the publisher of the magazine.

Under Section 8(1) of the Act, the publisher, when arrested, has the right to be released on bail. This is because the offence, although serious, is classified as bailable.

Additionally, under Section 8(2), the police have the authority to arrest the publisher without a warrant, since the offence is cognizable. This means that the police can take immediate action upon receiving the complaint without waiting for a court order.