Section 9 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
Jurisdiction and trial of offences.
- (1)Any person committing an offence under section 4 or section 5 shall be triable for such offence in any place in which he is liable to be tried under any law for the time being in force.
- (2)All offences under this Act shall be tried by the Court of Judicial Magistrate of the first class in accordance with the procedure provided for trials in the Code of Criminal Procedure, 1973 (2 of 1974).
Summary
- A person who commits an offense under Section 4 (banned trade and advertising) or Section 5 (banned storage) can be tried in any place where they are liable to be tried under any other active law.
- Every single offense under this Act must be tried by a Court of Judicial Magistrate of the First Class.
- All trials for these offenses must follow the official procedures laid down in the Code of Criminal Procedure, 1973.
Practical examples
FAQ
1. Which court is authorized to try offenses under this Act?
All offenses under this Act must be tried by the Court of Judicial Magistrate of the First Class.
2. What legal procedure must the court follow during the trial?
The court must follow the procedure provided for trials in the Code of Criminal Procedure, 1973.
3. Where can a person be tried for committing an offense under Section 4 or Section 5?
They can be tried in any place where they are liable to be tried under any law that is currently in force.
Test yourself
1.Under Section 9 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, which specific court has the authority to try offenses under the Act?
2.Under Section 9 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, what law governs the trial procedures for offenses under this Act?
3.Under Section 9 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, where can a person who violates Section 4 or Section 5 be tried?
4.Under Section 9 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, which offenses under the Act are subject to the trial procedures of the Court of Judicial Magistrate of the First Class?
5.Under Section 9 of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, if a person is prosecuted for storage under Section 5, how does Section 9 affect where and how their trial is conducted?