Section 45

Cognizance of offences.

The Unlawful Activities (Prevention) Act, 1967

  • Act 37 of 1967
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations, and for dealing with terrorist activities, and for matters connected therewith.

All sections
    1[(1)] No court shall take cognizance of any offence--
     (i) under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf;
     (ii) under Chapter IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and 2[if] such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.
     3[(2) Sanction for prosecution under sub-section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation, within such time as may be prescribed, to the Central Government or, as the case may be, the State Government.]
    

Notes

1. Section 45 renumbered as sub-section (1) thereof by Act 35 of 2008, s. 13 (w.e.f. 31-12-2008).
2. Subs. by Act 28 of 2019, s. 9 for "where" (w.e.f. 14-8-2019).
3. Ins. by Act 35 of 2008, s. 13 (w.e.f. 31-12-2008).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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