Section 11 of The Essential Commodities Act, 1955 — Cognizance of offences
Bare section text
Official Legislative Text
No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of I860) or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not. Explanation. For the purposes of this section and section 12AA, “recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.
Educational Study Layer
Summary
- Courts cannot start legal proceedings, or take cognizance, for offences under the law on their own.
- A court can only act after receiving a written report of the facts from a public servant, who is a government official.
- An ordinary person who is harmed or aggrieved can also file this written report.
- A recognized consumer association can also file the report, whether the affected person is a member of that association or not.
- The consumer association must be a voluntary group registered under the Companies Act, 1956, or another valid law.
Practical examples
FAQ
1. Who can report a violation under Section 11 of the Essential Commodities Act, 1955?
Under Section 11 of the Essential Commodities Act, 1955, a court can only take cognizance, which means officially starting a legal case, based on a written report of the facts. This report must be made by a public servant, an aggrieved person who is directly harmed, or a recognized consumer association.
2. Can a regular consumer group file a complaint under Section 11 of the Essential Commodities Act, 1955?
Yes, under Section 11 of the Essential Commodities Act, 1955, any voluntary consumer association can file a written report to start a case, provided it is registered under the Companies Act, 1956, or any other law in force.
3. Can a court start a trial on its own without a report under Section 11 of the Essential Commodities Act, 1955?
No, under Section 11 of the Essential Commodities Act, 1955, courts are strictly prohibited from taking notice of an offence on their own, and they must receive a written report of the facts from an authorized person or group first.
4. Does a victim have to be a member of a consumer association for that association to file a report under Section 11 of the Essential Commodities Act, 1955?
No, under Section 11 of the Essential Commodities Act, 1955, a recognized consumer association can file a report regardless of whether the affected victim is a member of that association or not.
Practice Quiz
Q1.Under Section 11 of the Essential Commodities Act, 1955, which of the following is NOT authorized to make a written report to enable a court to take cognizance of an offence?
Q2.Under Section 11 of the Essential Commodities Act, 1955, how must a recognized consumer association be registered to be legally authorized to file a report?
Q3.Under Section 11 of the Essential Commodities Act, 1955, what format must the report of facts take for a court to officially notice and try an offence?
Q4.Under Section 11 of the Essential Commodities Act, 1955, does a person affected by a violation have to be a member of a consumer association for that association to file a case?