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Commission of Enquiries Act, 1952

10A. Penalty for acts calculated to bring the Commission or any member thereof into disrepute -

[ Note : Ins. by Act 79 0f 1971, sec. 13.]

(1) if any person, by words either spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Commissioner or any member thereof into disrepute, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine, or with both.

(2) [Note: Subs. by Act 63 of 1988, sec. 3, for sub section (2).] Notwithstanding anything contained in the code of Criminal Procedure, 1973 (2 f 1974), when an offence under sub section (1) is alleged to have been committed, the High Court may take cognizance of such offence, without the case being committed to it, into a complaint in writing, made by a member of a commission or an officer of the Commission authorized by it in this behalf.

(3) Every complaint referred to it in such section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.

(4) No High Court shall take cognizance of an offence under sub section (1) unless the complaint is made within six months form the date of which the offence is alleged to have been committed.

(5) A High Court taking cognizance of an offence under sub section (1) shall try the case in accordance with the procedure for the trial of warrant cases instituted otherwise than on a police report before a court of a Magistrate.

Provided that the personal attendance of a member of a Commission as a complainant or otherwise is not required in such trial.

(6)Notwithstanding anything contained in the code of Criminal Procedure, 1973 (2 of 1974) an appeal shall lie as a matter of right from any judgment of the High Court to the Supreme Court, both on facts and on law.

(7) Every appeal to the Supreme Court under sub section (6) shall be preferred within a period of thirty days from the date of judgment appealed from

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the period of thirty days.

Provided that a Commission shall sit in private on a request being made by the Central Government in that behalf.

Commission of Enquiries Act, 1952 Back

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