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Report No. 173

31. Cognizance of offences.-

(1) The police officer recording information in respect of an offence under this Act shall promptly forward copies of all the material including information given to the police under section 154 of the Code and its accompaniments to the Director General of Police and the Review Committee.

(2) It shall be open to the Director General of Police or the Review Committee to call for such further information, as they may deem necessary, from the police or any other person before approving or disapproving the action taken by the subordinate authorities.

(3) If the Director General of Police does not approve the recording of the aforesaid information within ten days, or the Review Committee does not approve the same within thirty days, the recording of the said information shall become null and void with effect from the tenth, or as the case may be, the thirtieth day and all proceedings in that behalf shall stand withdrawn and if the accused is in custody, he shall be released forthwith unless required in connection with some other offence.

(4) Any action taken or any order passed under this section shall be in addition to and independent of any action taken by the Review Committee under section 39.

(5) No court shall take cognizance of any offence under this Act without the previous sanction of the State Government, or as the case may be, the Central Government.

32. Officers competent to investigate offences under this Act. Notwithstanding anything contained in the Code, no police officer below the rank,-

(a) in the case of the Delhi Special Police Establishment, of a Deputy Superintendent of Police or a police officer of equivalent rank;

(b) in the metropolitan areas of Mumbai, Calcutta, Chennai and Ahmedabad and any other metropolitan area notified as such under sub-section (1) of section 8 of the Code, of an Assistant Commissioner of Police;

(c) in any other case not relatable to clause(a) or clause (b), of a Deputy Superintendent of Police or a police officer of equivalent rank, shall investigate any offence punishable under this Act.

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