7. Cognizance of offences.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
(a) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;
(b) no Court shall take cognizance of an offence under this Act except upon- (i) its own knowledge or a police report of the facts which constitute such offence, or (ii) a complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recognized welfare institution or organization;
(c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorized by this Act on any person convicted of an offence under this Act.
Explanation.-For the purposes of this sub-section, “recognized welfare institution or organization” means a social welfare institution or organization recognized in this behalf by the Central or State Government. (2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any offence punishable under this Act.
(3) Notwithstanding anything contained in any law for the time being in force a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]
*[Modified by Dowry Prohibition Amendment Act, 1986 (Act 43 of 1986), & Dowry Prohibition Amendment Act, 1984 (Act 63 of 1984)]
State Amendments-
Bihar.-In its application to the State of Bihar, for S.7, substitute the following section, namely:- “7. Trial of offences.-Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.” [Vide Bihar Act 4 of 1976, S. 4(w.e.f. 20-1-1976). Haryana.-In its application to the State of Haryana, for S.7, substitute the following section, namely:-
“7. Cognizance of offences.-Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
(a) no Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act; (b) no Court shall take cognizance of any such offence except on a
(e) no woman shall be called to a Police Station for the purpose of an enquiry regarding any offence under this Act.” [Vide Haryana Act 38 of 1976, S. 4 (w.e.f. 11-8-1976)] Himachal Pradesh.-In its application to the State of Himachal Pradesh, for S. 7, substitute the following section, namely:- “7. Trial of offences.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act. (2) No Court shall take cognizance of any offence under this Act, except that of offence under section 4-B, except on a police report or complaint made within one year of the marriage.”
[vide H.P.Act 25 of 1976, S. 5(w.e.f. 24-6-1976) as amended by H.P. Act 39 of 1978, S. 5, (w.e.f. 4-12-1978).]
Punjab.-In its application to the State of Punjab, for S.7, substitute the following section, namely:-
“7. Cognizance of offences.-Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
(1) No Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act;
(2) No Court shall take cognizance of any offence punishable under sections 3, 4 and 4-B, except upon a complaint made within one year from the date of the offence, by some person aggrieved by the offence: Provided that- (a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where the person aggrieved by an offence is the wife, complaint may be made on her behalf by her father, mother, brother, sister, or by her father’s or mother’s brother or sister, and (3) every offence under section 4-A shall be cognizable: Provided that no police officer below the rank of a Deputy Superintendent of Police shall investigate any offence punishable under this Act or make any arrest therefor.”-
[Punjab Act 26 of 1976, S.5 (w.e.f. 20-5-1976).]
| 