Act Number: 51

Act Name: The Defence of India Act, 1962

Year: 1962

Enactment Date: 1962-12-12

Long Title: An Act to provide for special measures to ensure the public safety and interest, the defence of India and civil defence and for the trial of certain offences and for matters connected therewith.

Ministry: Ministry of Home Affairs

Department: Department of Internal Security

Section 26: Penalties and procedure.
    (1) Whoever contravenes any order of the Central Government or of a National Service Tribunal made under section 23 or wilfully fails to comply with any summons, requirement, direction or order issued or made by the Central Government or by a National Service Tribunal under any other provision of this Chapter shall be punishable with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both.
     (2) No court shall take cognizance of any offence punishable under sub-section (1) except with the previous sanction in writing,—
         (a) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of the Central Government, of the Central Government;
         (b) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of a National Service Tribunal, of the National Service Tribunal.
     (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence punishable under sub-section (1) shall be cognizable.
     (4) No court inferior to a Presidency Magistrate or a Magistrate of the First Class shall try any offence punishable under sub-section (1).
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