Section 57 of The Petroleum and Natural Gas Regulatory Board Act, 2006
- (1)No court shall take cognizance of any offence punishable under Chapter IX save on a complaint made by the Board or by any investigating agency directed by the Central Government.
- (2)No court inferior to that of a Chief Metropolitan Magistrate or of a Chief Judicial Magistrate shall try any offence punishable under Chapter IX.
- (3)Every offence punishable under sections 44, 45, 46 and 47 shall be cognizable.
Summary
- Dictates that courts can only start a criminal trial for offences under this law if the Board or a government-authorized agency files the formal complaint.
- Requires that only senior judges, specifically a Chief Metropolitan Magistrate or a Chief Judicial Magistrate, can try these cases.
- Classifies certain severe offences, like marketing petroleum without permission or ignoring Tribunal orders, as cognizable, meaning police can arrest suspects without a warrant.
Practical examples
FAQ
1. Can an ordinary citizen file a criminal lawsuit against an oil company for violating this law?
No, only the Board or an investigating agency directed by the Central Government can make the formal complaint to the court.
2. Can a regular local judge hear a criminal case about an illegal pipeline?
No, the law requires the judge to be at least a Chief Metropolitan Magistrate or a Chief Judicial Magistrate.
3. What does it mean when the law says an offence is cognizable?
It means the police have the authority to start an investigation and make an arrest without needing a judge to issue a warrant first.
Test yourself
Q1.Under Section 57 of The Petroleum and Natural Gas Regulatory Board Act, 2006, who must make the formal complaint for a court to take cognizance of an offence under Chapter IX?
Q2.Under Section 57 of The Petroleum and Natural Gas Regulatory Board Act, 2006, what is the lowest level of court that is permitted to try an offence under Chapter IX?
Q3.Section 57 of The Petroleum and Natural Gas Regulatory Board Act, 2006 makes certain offences cognizable. If a person commits an offence under Section 46 (Punishment for unauthorised activities) by marketing petroleum without registration, what does Section 57 mean for the enforcement of this offence?
Q4.Section 57 of The Petroleum and Natural Gas Regulatory Board Act, 2006 states that offences under Section 45 are cognizable. Based on Section 45 (Penalty for wilful failure to comply with orders of Appellate Tribunal), when would this rule trigger?