Section 26 in Jammu and Kashmir Kahcharai Act, 1994
26. Arrest of persons reasonably suspected and further procedure.
(1)Any person against whom a reasonable suspicion exists that he has been guilty of an offence under section 20 may be arrested by any Kahcharai Officer.(2)If the Kahcharai Officer arresting a person under subsection (1) is competent to compound offences under section 22, he may proceed to compound the offence, otherwise he shall forward the accused forthwith to the nearest officer empowered to compound offences under this Act.(3)If the Kahcharai Officer empowered to compound offences under this Act does not compound the offence for reasons to be recorded in writing or cannot be found immediately or if the accused refuses to compound it, he shall call upon to furnish proper security to appear at such time and place as the Magistrate competent to try the case may appoint and communicate to him.(4)If the accused fails to furnish proper security, he shall be forwarded to the nearest Magistrate who, if he has no jurisdiction to try the case, may authorise the detention of the accused in such custody as he thinks fit for a term not exceeding 7 days and shall, order the accused to be forwarded to the Magistrate having jurisdiction. If such nearest magistrate has jurisdiction to try the case, he shall himself deal with the accused.(5)No person who has to be forwarded to a Kahcharai Officer under sub-section (2) or to a nearest Magistrate under sub-section (4) shall be kept in custody for more than 24 hours, exclusive, of the time taken up by the journey to the nearest Magistrate.(6)A Kahcharai Officer not below the rank of a Divisional Forest Officer may at any time before judgement is announced, withdraw a case, if(a)in a case when offence relates to the evasion of Kahcharai, the accused pays such dues together with a penalty of not less than 50 percent thereof;(b)in other case the accused pays a penalty of Rs. 50 in lump sum.
