Section 32 of The Bureau of Indian Standards Act, 2016.
- (1)No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, specially empowered in this behalf, shall try any offence punishable under this Act.
- (2)No court shall take cognizance of any offence punishable under this Act save on a complaint made by—
- (a)or under the authority of the Bureau; or
- (b)any police officer, not below the rank of deputy superintendent of police or equivalent; or
- (c)any authority notified under sub-section (2) of section 16; or
- (d)any officer empowered under the authority of the Government; or
- (e)any consumer; or
- (f)any association.
- (3)Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub-section (3) of section 29 has been, is being, or is likely to be, committed, search and seize without warrant, the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before a Magistrate as prescribed under sub-section (1).
- (4)The court may direct that any property in respect of which the contravention has taken place shall be forfeited to the Bureau.
- (5)The court may direct that any fine, in whole or any part thereof, payable under the provisions of this Act, shall be payable to the Bureau.
Summary
- This provision establishes which courts have the authority to try offences and who is allowed to formally start the legal process.
- Only a Metropolitan Magistrate or a Judicial Magistrate of the first class, or higher, can try offences under this law.
- Courts will only accept cases if the complaint is brought by specific entities, such as the Bureau, senior police, consumers, or authorized government officers.
- Police officers at or above the rank of deputy superintendent can search and seize goods without a warrant for the most severe offences.
- Once a trial concludes, the court has the power to order that seized property or collected financial fines be handed directly over to the Bureau.
Practical examples
FAQ
1. Which is the lowest court that can try a case under Section 32 of The Bureau of Indian Standards Act, 2016?
Section 32 of the BIS Act states that no court inferior to a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any punishable offence.
2. Can an ordinary citizen file a complaint under Section 32 of the 2016 Indian Standards law?
Yes, Section 32 of the 2016 Indian Standards law explicitly allows any consumer or any association to make a formal complaint to the court.
3. What happens to the fine money collected by the court under Section 32 of the BIS Act?
Section 32 of the BIS Act allows the court to direct that any fine payable under the law shall be paid to the Bureau.
Test yourself
Q1.Who is NOT explicitly authorized to make a complaint to the court?
Q2.What action can a senior police officer take regarding the severe manufacturing offences described in Section 29?
Q3.Which court is explicitly authorized to try an offence under this law?
Q4.What can the court direct regarding the property involved in a contravention?