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Section 12 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019

No court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by an authorised officer under this Act.

Summary

No court is allowed to take notice of or begin legal proceedings for any offense punishable under this Act on its own.
A court can only take notice of an offense if it receives a written complaint.
This written complaint must be made by an authorized officer under this Act.

Practical examples

1On May 10, 2024, a private citizen named Sandeep Joshi tried to file a direct criminal complaint in court against a local vendor selling electronic cigarettes. The magistrate rejected the complaint under Section 12, explaining that only a written complaint from an authorized officer, such as a police sub-inspector, can trigger court action.

2An authorized officer, Sub-Inspector Rajesh Sawant, discovered an illegal electronic cigarette stock in a shop. On October 12, 2025, he prepared a detailed written complaint and submitted it to the local magistrate's court. Under Section 12, the court successfully took notice of the offense and started the trial.

FAQ

1. Can a regular citizen file a complaint in court to start a case under this Act?

No, a court cannot take notice of an offense under this Act except upon a written complaint made by an authorized officer.

2. In what form must the complaint be submitted to the court under Section 12?

The complaint must be made in writing.

3. Who is authorized to make the written complaint that allows a court to take notice of an offense?

An authorised officer under this Act must make the written complaint.

Test yourself

Q1.Under Section 12 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what is required for a court to take notice of an offense?

Q2.Under Section 12 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, can a court take notice of an offense on its own, which is also known as taking suo motu cognizance?

Q3.Under Section 12 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what must be the format of the complaint submitted by the authorized officer?

Q4.Under Section 12 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, which of the following is an authorized officer who can make a written complaint, based on the definitions in the Act?

Q5.Under Section 12 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, if an offense under Section 4 is tried in accordance with the jurisdiction rules in Section 9, what must happen first before the Court of Judicial Magistrate of the First Class can begin the trial?

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