What conditions must be satisfied for taking cognizance by the court for any offence punishable under the Essential Commodities Act, 1955 ?
CS Executive · Economic and Commercial Laws · PYQS · December 2021
What conditions must be satisfied for taking cognizance by the court for any offence punishable under the Essential Commodities Act, 1955 ?
Answer & Explanation:
Section 10A of the Essential Commodities Act, 1955 declares that notwithstanding anything contained in the Criminal Procedure Code, 1971, every offence punishable under the Act shall be cognizable. A cognizable offence is one, where, under the Criminal Procedure Code or any other law in force, a police officer may arrest a person without a warrant. Section 11 lays down that before a Court can take cognizance of any offence punishable under the Act, the following three conditions must be satisfied, viz. (i) there must be a report in writing, (ii) the report must contain the facts constituting such offence (iii) the report must be made by a public servant, as defined in Section 21 of Indian Penal Code, or any aggrieved person or any recognised consumer association, whether such person is a member of that association or not.
Topics: Essential Commodities Act, 1955
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