105. Cognizance of offences.—
(1) No Court shall take cognizance of any offence under this Act
except on complaint by, or with the previous sanction in writing of, an Inspector.
(2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any
offence punishable under this Act.
STATE AMENDMENTS
Maharashtra
Amendment of section 105 of 63 of 1948.—In section 105 of the principal Act, in sub-section
(1),
for the words “an Inspector” the words “the Chief Inspector” shall be substituted.
[Vide Maharashtra Act 40 of 2015, s. 8].
Rajasthan
Amendment of section 105, Central Act No. 63 of 1948.- For the existing sub-section
(1) of section
105 of the principal Act, the following shall be substituted, namely:-
"
(1) No Court shall take cognizance of any offence under this Act except on complaint by an
Inspector with the previous sanction in writing by the State Government.".
[Vide Rajasthan Act 20 of 2014, s. 4]