13. Restriction on trial of offences.—(1) No Court (other than that of a Magistrate of the first class specially empowered in this behalf by the Appropriate Government), which is inferior to that of a District or Presidency Magistrate, shall try any offence under this Act. (2) If any person under trial before a Magistrate for an offence under this Act at any time before a charge is framed, claims to be tried by the Court of Session, the Magistrate shall, if he does not discharge the accused, commit the case for trial by that Court, notwithstanding that it is not a case exclusively triable by that Court. (3) No Court shall take cognizance of any offence under this Act unless upon complaint made by order of, or under authority from, the Appropriate Government or some officer empowered by the Appropriate Government in this behalf:
(4) For the purposes of the trial of a person for an offence under this Act, the offence may be deemed to have been committed either at the place in which the same actually was committed or at any place in India in which the offender may be found.
(5) In this section, the appropriate Government means— (a) in relation to any offences under section 5 not connected with a prohibited place or with a foreign power, the State Government; and (b) in relation to any other offence, the Central Government. State Amendments— Gujarat and Maharashtra.—(1) In its application to the State of Bombay, in sub-S. (1), after the word “Government”, insert “or that of a Presidency Magistrate”, and the words “which is inferior to that of a District or Presidency Magistrate” shall be deleted—Bombay Act 23 of 1951, S. 2 and Sch. II (w.e.f. 1-7-1953). (2) In the City of Ahmedabad, the City Magistrates have been given the powers of a Presidency Magistrate.—Gujarat Act 19 of 1961, S. 14 (w.e.f. 4-11-1961). Punjab, Haryana and Chandigarh.—For the words “a Magistrate”, substitute “Judicial Magistrate”. (2) For the words “which is inferior to that of a District or Presidency Magistrate”, substitute “or that of the Chief Judicial Magistrate”.—Punjab Act 25 of 1964, Sch. IV (w.e.f. 2-10-1964); Central Act 31 of 1966, S. 88 (w.e.f. 1-11-1966) and Haryana A.L.O., 1968.
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