Law: Criminal Procedure Code (V of 1898)

Section: 497(1) , 302 , 341 , 114 , 109 , 15(2)

(a)   Criminal Procedure Code (V of 1898)---

----S. 497(1), fourth proviso---Expression "hardened, desperate or dangerous criminal" as used in the fourth proviso to S. 497(1), Cr.P.C.---Scope of the expression "hardened, desperate or dangerous criminal" explained.

Words hardened, desperate and dangerous criminal connote that a person who is likely to seriously injure and hurt others without caring for the consequences of his violent act and can pose a serious threat to the society if set free on bail. Such tentative opinion as to the character of the accused is to be formed by the Court upon careful examination of the facts and circumstances of the case. However, the previous criminal record of an accused person is kept in mind but the same is considered in view of peculiar circumstances of the case for which a previous conviction of an accused does not have(sic) matter while the very gravity and severity of the act alleged to have been committed by the accused, even though for the first time, may be sufficient to attract the fourth proviso to Section 497 (1) of Cr.P.C. in the peculiar facts and circumstances of a case, and may lead the Court to form an opinion that the accused is a hardened desperate and dangerous criminal. Manner in which the occurrence took place is very important factor to declare an accused hardened desperate and dangerous criminal. Three words (i) hardened, (ii) desperate and (iii) dangerous criminal, have different scope and definitions. Hence, the person who creates a sense of insecurity, panic and unrest in the society can be called a dangerous criminal for which even in the absence of previous record, an accused can be declared hardened desperate or dangerous criminal subject to act, mode and manner of occurrence in that very case.