Section 42 of The Civil Liability for Nuclear Damage Act, 2010
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act: Provided that cognizance of such offence shall not be taken except on a complaint made by the Central Government or any authority or officer authorised in this behalf by that Government.
Summary
- This section restricts which courts can hear and try offences committed under this Act.
- Only a court of a Metropolitan Magistrate or a Judicial Magistrate of the first class, or a higher court, has the authority to try these offences.
- Lower courts, such as a Judicial Magistrate of the second class, are prohibited from trying offences under this Act.
- A court cannot take cognizance of (officially notice or hear) any offence under this Act on its own.
- The court can only act if a formal complaint is made by the Central Government or an officer or authority authorized by the Central Government.
Practical examples
FAQ
1. Which courts are allowed to try offences under this Act?
Only a court of a Metropolitan Magistrate, a Judicial Magistrate of the first class, or courts higher than these can try offences under this Act.
2. Who is allowed to file a complaint for offences under this Act?
A complaint must be made by the Central Government, or by an authority or officer authorized in this behalf by the Central Government.
3. What does "cognizance of offences" mean in Section 42?
It refers to the court taking judicial notice of an offence and initiating legal proceedings or a trial based on a complaint.
4. Can an ordinary citizen file a complaint directly in court to start a trial under this Act?
No, a court cannot take cognizance of an offence under this Act unless the complaint is made by the Central Government or its authorized officer or authority.
Test yourself
Q1.Under Section 42 of The Civil Liability for Nuclear Damage Act, 2010, which of the following courts is the lowest court permitted to try any offence under the Act?
Q2.Under Section 42 of The Civil Liability for Nuclear Damage Act, 2010, what is required before a court can take cognizance of an offence under the Act?
Q3.Under Section 42 of The Civil Liability for Nuclear Damage Act, 2010, if a private citizen files a direct complaint in court regarding a nuclear operator's failure to maintain insurance, can the court take cognizance?
Q4.Under Section 42 of The Civil Liability for Nuclear Damage Act, 2010, what happens if an offence is brought before a Judicial Magistrate of the second class?