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(2) Notwithstanding the provisions of sub-section (1), a police officer shall have power to arrest a person only if,—
- (a) his arrest is necessary to prevent or not to continue any offence, or
- (b) it is manifestly evident that locating such person subsequently is not possible, or
- (c) such person is likely to hurt himself or any other person
- (d) there is any special and emergent circumstances warranting the arrest.
(3) All other offences under this Act shall be non-cognizable and bailable.
Provided that a police officer present at the spot may remove a person temporarily for the purpose of preventing the continuance of an offence in his presence.
126 Compounding of offences—(1) The Station House Officer may, on application of the accused, compound all non-cognizable offences under the Act.
(2) The District Police Chief may, on any application made by the accused, compound offences under sections 117, 118 and 119(2) if he deems that the matter is not serious enough to be prosecuted before a court.
Provided that no such compounding shall be made in a matter in which the court has already initiated action after submission of charge sheet by police, and on such occasions, the offences may be compounded before such court.
(3) The compounding fees to be levied in respect of each category of offence while compounding shall be such as may be prescribed by the Government and the Station House Officer concerned shall collect such compounding fees in accordance with the manner notified by the State Police Chief.
(4) Compounding shall not be deemed to be conviction but may be used to prove the previous conduct in any proceeding where such previous conduct is relevant.
127 Criminal Justice Miscellaneous Expenses Fund—(1) There shall be a Fund called the Criminal Justice Miscellaneous Expenses Fund maintained and administered centrally by the State Police Chief and from the Fund, the following expenses may be met, namely—
