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State of Jammu-Kashmir - Section

Section 497C in The Code of Criminal Procedure, 1989 (1933 A. D.)

497C. [ Special provision regarding bail in certain offences against women etc. [Inserted by Jammu and Kashmir Act No. 11 of 2014, dated 22.3.2014.]

(1)Notwithstanding anything contained in this Code no person accused of an offence punishable under section 304-B, 326A, 370, [376, 376A, 376AB, 376C, 376D, 376DA, 376DB and 376E] of Ranbir Penal Code, 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 a perusal of the case diary or the report made under section 173 of the Code, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.
(2)The restrictions on granting of bail specified in sub-section (1) shall be in addition to the restrictions under the Code or any other law for the time being in force on granting of bail.
(3)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 specified in sub-section (1).