Section 7 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948
- (1)No Court shall take cognizance of any offence made punishable by a scheme or of any abetment thereof, except on a report in writing of the facts constituting such offence or abetment made by an Inspector or by a person specially authorised in this behalf by the Government.
- (2)Notwithstanding anything contained in the Code of Criminal Procedure 18981 (5 of 1898), an offence made punishable by a scheme or an abetment thereof shall be triable only by a Presidency Magistrate or a Magistrate of the first class.
Summary
- Courts cannot start a case about a crime under a scheme on their own.
- A case can only start if there is a written report of the facts.
- This report must be made by an Inspector.
- Alternatively, the report can be made by someone the Government has specially authorized.
- Only certain high level judges (Magistrates) can try these cases.
Practical examples
FAQ
1. Can a regular police officer report these offences to a court?
Only if the Government has specially authorized them in writing to do so. Otherwise, it must be an Inspector.
2. Can any judge hear a case about dock worker schemes?
No, it must be a Presidency Magistrate or a Magistrate of the first class.
3. Is a verbal complaint to the judge enough to start a case?
No, the report must be in writing and explain the facts of the offence.
Test yourself
Q1.Under Section 7 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, who is allowed to file the written report needed for a court to take cognizance?
Q2.Under Section 7 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, which type of judge is authorized to try these offences?
Q3.Under Section 7 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, in what form must the report be submitted to the court?
Q4.Under Section 7 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, does this section cover "abetment" (helping someone commit a crime)?
Q5.Under Section 7 of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, can a court take notice of an offence based on its own information without a report?