Firstly, you are actually referring to Section 506 of Indian Penal Code (IPC) and you have wrongly mentioned 506 CrPC (Criminal Procedure Code). In fact, there is no Section 506 in Cr.P.C., and its last section is Section 484. However, whether this offence under Section 506 IPC is cognizable or non-cognizable, is laid down in the Cr.P.C. and not in IPC. Anyway.
Secondly, the Cr.P.C. (which categorizes whether Section 506 IPC would be cognizable or non-cognizable) has been enacted by the Parliament of India under the legislative powers given to it under the Concurrent List in the Seventh Schedule of the Constitution. This is because “Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution” is a subject which is covered in the said Concurrent List.
When a subject is covered in the Concurrent List, the Parliament (at the Central level) as well as the individual State Legislatures have the concurrent powers to make laws on the same subject. This means both of them can make laws on that subject, subject to certain conditions. If a Central law exists on such a subject, a State Legislature can amend that law or make different provisions for that state, by taking the assent of the President of India under Article 254 of the Constitution.
Now, since Criminal Procedure Code (Cr.P.C.) is a Central law, the Legislature of a state can make a different provision from the one existing in the Cr.P.C. by taking assent of the President of India under Article 254 of the Constitution. If that happens, then such state amendment will be valid only in that particular state, while other states will continue to have the main provision of Cr.P.C.
In this particular case, in the Cr.P.C., which is a Central Act, Section 506 IPC is categorized as a non-cognizable offence. But, some states have taken assent from the President and have amended it to make it fully or partly cognizable. Therefore, the amended provision (i.e., making Section 506 IPC as a cognizable offence) applies in those states where such amendment has been made, while in all other states the original provision of Cr.P.C. (which categorizes 506 IPC as non-cognizable) continues to apply.
Also see, for some more details on this issue: Section 506 IPC – whether bailable or non-bailable?
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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