BSTO Act 38अध्याय II · Special Magistrates

धारा 38 · Cognizance of offences under sections 35 and 36

(1)

No Court shall take cognizance of an offence punishable under section 35 or section 36 except upon complaint made by order of, or under authority from, the [appropriate Government] [Words substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937.] or a District Magistrate empowered by the [appropriate Government] [Words substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937.] in this behalf.

(2)

No complaint shall be made under sub-section (1) unless the [appropriate Government] [Words substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937.] or the District Magistrate, as the case may be, -

(a)

is satisfied that the newspaper, book or document in respect of which the offence is alleged to have been committed contains words, signs or visible representations which tend to further or encourage the terrorist movement or the commission of any offence in connection with that movement; and

(b)

is of opinion that the person alleged to have committed the offence -

(i)intended that the newspaper, book or document should, or knew that it could, be used for the purpose of disseminating any doctrine tending to further or encourage the terrorist movement; or

(ii)is a person to whom the provisions of sub-section (1) of section 2 of the Bengal Criminal Law Amendment Act, 1930, are applicable.

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