Courts will be able to take cognisance in cases of breach of public notification; Gujarat assembly nod to bill

Gandhinagar: The State assembly today passed a bill proposing an amendment in criminal procedure law so that courts can take cognisance in the cases of breach of notifications.

When this bill will become an act, breach of CRPC section 144 will attract court case. In case of breach of public notifications issued under CRPC section 82 and other laws, police will be able to become complainant and file First Information Report (FIR) in police station to probe into the case and eventually file a chargesheet in the court. As per proposed act, the court will take cognisance of offence, on the basis of chargesheet and proceed further.

The Police register offences under section 188 of IPC in cases of breach of notification. However the courts are not able to take cognisance of the same. When some accused fails to appear, the court issues proclamation under section 82 of criminal procedure adhiniyam, 1973’s section 82. When accused continues to fail to appear before the court, he/she is booked under section 174(c). At present IPC sections 174(c) and 188 are considered offences under purview of police. When chargesheet is filed in such cases, the court doesn’t take cognisance and therefore the implementation of public notification affects adversely.

A bill proposing new amendment in Fojdari Karyariti Adhiniyam, 1973 section 195, sub section 1, part C, sub part was passed with majority today, to make it possible for police to become complainant and file case in the court for breach of notifications.