Section 87 of The Protection of Plant Varieties and Farmers Rights Act, 2001
All proceedings before the Authority or the Registrar, as the case may be, relating to registration of variety or essentially derived variety, registration of agent, registration of licence or registration of compulsory licensing under this Act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (45 of 1860) and the Authority or the Registrar, as the case may be, shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Summary
- Proceedings before the Authority or the Registrar are officially treated as judicial proceedings. Judicial proceedings are legal proceedings conducted in a manner similar to a court of law.
- This status applies to proceedings for registering a variety, essentially derived variety, agent, licence, or compulsory licensing. An essentially derived variety is a plant variety that is mostly derived from an initial variety but remains clearly distinct.
- These proceedings fall under sections 193, 196, and 228 of the Indian Penal Code, which deal with offenses like giving false evidence or insulting public servants.
- The Authority or the Registrar is legally considered a civil court under section 195 and Chapter XXVI of the Code of Criminal Procedure.
Practical examples
FAQ
1. What types of applications are deemed judicial proceedings under Section 87 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 87 of the Act, proceedings relating to the registration of a plant variety or an essentially derived variety, registration of an agent, registration of a licence, or registration of a compulsory licence are deemed to be judicial proceedings.
2. Is the Registrar considered a civil court under Section 87 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Yes, under Section 87 of the Protection of Plant Varieties and Farmers Rights Act, 2001, both the Authority and the Registrar are deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure.
3. What is the legal consequence of proceedings being deemed judicial proceedings under Section 87 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
It means that if someone gives false evidence, makes a false statement, or insults the authority during these proceedings, they can be prosecuted under Sections 193, 196, and 228 of the Indian Penal Code.
Test yourself
Q1.Under Section 87 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following proceedings is NOT specifically deemed to be a judicial proceeding?
Q2.For which specific purpose does Section 87 of the Protection of Plant Varieties and Farmers Rights Act, 2001 deem the Authority or the Registrar to be a civil court?
Q3.Under Section 87 of the Protection of Plant Varieties and Farmers Rights Act, 2001, proceedings before the Authority or Registrar are considered judicial proceedings within the meaning of which sections of the Indian Penal Code?
Q4.If a party knowingly uses false evidence in a plant variety registration proceeding under the Protection of Plant Varieties and Farmers Rights Act, 2001, which provision under Section 87 of the Act exposes them to prosecution under the Indian Penal Code?