Section 34: Cases on minor offences of specific type may not be file

1) If it appears that it is not practicable to file a case on any minor offence of any specific type or it does not substantially affect public interests, the government attorney may, with the approval of the Attorney General, decide not to file a case against such person.

2) Prior to making decision pursuant to sub-section (1), the government attorney shall cause a bond to be executed by such accused undertaking not to repeat such offence in the future.

3) For the purposes of this Section, the words “minor offence of specific type” means any of the following offences:

(a) Offence related to pickpocketing involving the claimed amount of less than one thousand rupees, committed for the first time,

(b) Offence of begging committed for the first time,

(c) Any other offence punishable by a sentence of a fine not exceeding three thousand rupees or of imprisonment for a term not exceeding one month or both the sentences, committed for the first time.

4) Prior to making decision not to institute a case pursuant to this Section, the government attorney shall forfeit the claimed amount of the offence.

5) The claimed amount forfeited pursuant to sub-section (1) shall be provided to the person, if any, victimized from the offence and, failing such victim, to the victim relief fund established under law.

6) If a case is not filed pursuant to sub-section (1) and such person commits any offence under this Act within three years from such date, such person shall be liable to the sentence to which the sentence that can be imposed on him or her for the previous offence shall also be added.

7) Notwithstanding anything contained elsewhere in this Section, if the government attorney makes decision not to institute a case, the victim party who is not satisfied with such decision may file a case on his or her own behalf.

8) If decision is made not to institute a case pursuant to sub-section (7), a notice thereof shall be given to the victim immediately; and, for that purpose, the statute of limitation under law shall be deemed to commence from the date of receipt of the notice of such decision.

9) The concerned government attorney shall provide copies of the documents related to the investigation conducted pursuant to this Chapter to the person who files a case pursuant to sub-section (7).