Section 15
Offences to be cognizable and triable summarily.
The Protection of Civil Rights Act, 1955
About this Act
An Act to prescribe punishment for the preaching and practice of Untouchability for the enforcement of any disability arising therefrom and for matters connected therewith.
1[15. Offences to be cognizable and triable summarily.—(1) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be
cognizable and every such offence, except where its punishable with imprisonment for a minimum term
exceeding three months, may be tried summarily by a Judicial Magistrate of the first class or in a
metropolitan area by a Metropolitan Magistrate in accordance with the procedure specified in the said
Code.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is alleged to have committed the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence of abetment except with the previous sanction—
(a) of the Central Government, in the case of a person employed in connection with the affairs of the Union; and
(b) of the State Government, in the case of a person employed in connection with the affairs of a State.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is alleged to have committed the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence of abetment except with the previous sanction—
(a) of the Central Government, in the case of a person employed in connection with the affairs of the Union; and
(b) of the State Government, in the case of a person employed in connection with the affairs of a State.
Notes
1. Subs. by s. 17, ibid., for s. 15 (w.e.f. 19-11-1976).