Section 10 of The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
Jurisdiction to try offences.
No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
Summary
- No court lower than a Presidency Magistrate or a Magistrate of the first class is allowed to try (hear and judge) offences under this Act.
- This ensures that only senior magistrates can hear these cases.
- It prevents lowest-level local courts from handling these trials.
Practical examples
FAQ
1. What does "jurisdiction to try offences" mean?
It means the legal authority of a specific court to hear a case and decide if a person is guilty or innocent.
2. Can any local court hear cases under this Act?
No, only courts of a certain high rank can try these offences.
3. What is the lowest level of court that can try an offence under this Act?
The lowest courts allowed are those of a Presidency Magistrate or a Magistrate of the first class.
Test yourself
1.Which of the following courts is allowed to try offences under this Act?
2.Is a court that is inferior to a Magistrate of the first class allowed to try offences under this Act?
3.Which metropolitan magistrate is specifically named as having jurisdiction under Section 10?
4.What does the word "try" mean in the phrase "try any offence"?
5.If a second-class magistrate tries an offence under this Act, is that trial valid under Section 10?