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Report No. 43

7.105. Sections 13(1) and 13(2) to be omitted.-

Section 13(1) deals with the court competent to try offences under the Act. District Magistrates and Presidency Magistrate can try any offence under the Act, while other Magistrates can do so only if they are of the first class and are specially empowered by the appropriate Government. Section 13(2) gives a right to the accused to make a claim to be tried by the Court of Session for an offence under the Act. We propose to omit both the sub-sections. The general provision in the Schedule to the Criminal Procedure Code as to the competence of courts will govern the matter. As the punishment for a few offences under the Act is proposed to be increased, most offences will now go to the higher categories of criminal courts.







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