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Report No. 273

6. Cognizance of Offences.

(1) Notwithstanding anything contained in the 2 of 1974. Code of Criminal Procedure, 1973, no court shall take cognizance of an offence under this Act unless the complaint is made within a period of six months from the date on which the offence is alleged to have been committed:

Provided that the court may on sufficient grounds being shown, condone the delay in filing the complaint beyond the said period of six months.

(2) Where the victim of torture is disabled for reasons of health, financial incapacity or otherwise he may cause a complaint to be filed by a duly authorised representative.

(3) Every complaint under this Act shall be registered by the police in accordance with law.

(4) A complaint against torture shall be investigated by such officer not below the rank of Deputy Superintendent of Police or the corresponding rank in any investigative agency as would ensure independent investigation under the supervision of the Superintendent of Police.

(5) The investigation shall be completed within a period of three months from the date of making of the complaint.



Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back




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