Section 40   [ View Judgements ]

Cognizance of offences


(1) No Court other than the Court of [1] [a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of any offence punishable under this Act



(2) No Court shall take cognizance of an offence punishable under section 35 except on complaint made by an officer authorised in this behalf by the [2] [State Government] [3] [or of the offence specified in sub-section (2) of section 16 except on complaint made by an officer authorised in this behalf either by the State Government or by the Board] or of an offence punishable under any other section except on complaint made with the previous sanction of the Central Government by an officer authorised in this behalf by the Board:



[4] [Provided that the Central Government may, by notification in the Official Gazette, direct that the previous sanction of the Central Government shall not be necessary for complaints in such cases or classes of cases as may be specified in the notification.]



FOOTNOTES:

1. Substituted by Act 23 of 1994 , Section 13, for "a Magistrate of the first class" (w.e.f. 14-1-1994).

2. Substituted by the Adaptation of Laws Order, 1950 , for "Provincial Government"

3. Inserted by Act 2 of 1944 , Section 4 (w.e.f. 27-2-1944).

4. Added by Act 7 of 1943 , Section 15 (w.e.f. 26-3-1943).

#LawyerServices #Section #Act #Law #Statute #IndianLaw #Kanoon



LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box