Section 32 in Jammu and Kashmir Protection of Children from Sexual Violence Act, 2018
32. Offences to be cognizable and non-bailable.
(1)The offences under this Act shall be cognizable and non-bailable.(2)Notwithstanding anything contained in the Code of Criminal Procedure, Samvat, 1989, no person accused of an offence punishable under this Act shall if in custody be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release :Provided that such accused person shall not be released on bail or on his own bond if the Court, on perusal of the case diary or the report made under section 173 of the Code of Criminal Procedure, Samvat 1989, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.(3)The restrictions on granting of bail specified in sub-section (1) shall be in addition to the restrictions under the Code of Criminal Procedure, Samvat 1989 or any other law for time being in force on granting of bail.(4)Nothing in section 497A of the Code shall apply in relation to any case involving the arrest of any person accused of having committed an offence under the provisions of this Act.
