Section 24 of The Credit Information Companies (Regulation) Act, 2005. in hindi
Cognizance of offences.
- (1)No court shall take cognizance of any offence committed by a member of a credit information company and punishable under section 23 except upon a complaint in writing made by an officer of the credit information company generally or specially authorised in writing in this behalf by the credit information company or if so directed by the Reserve Bank so to do and no court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class or any court superior thereto shall try any such offence. Explanation.--For the purposes of this sub-section, "member of a credit information company" shall mean a member referred to in section 15.
- (2)No court shall take cognizance of any offence committed by a credit information company punishable under section 23 except upon a complaint in writing made by an officer of the Reserve Bank generally or specially authorised in writing in this behalf by the Reserve Bank and no court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class or any court superior thereto shall try any such offence.
Summary
- A court will not look into an offence committed by a member institution under this Act unless there is a formal written complaint.
- For an offence by a member institution, the complaint must be made by an authorized officer of the credit information company or the Reserve Bank.
- If the credit information company itself commits an offence, only an authorized officer of the Reserve Bank can make the written complaint.
- Regular courts cannot try these cases. The trial must be held by a Metropolitan Magistrate, a Judicial Magistrate of the first class, or a higher court.
- The term "member" specifically refers to those institutions required to join a credit company under Section 15 of the Act.
Practical examples
FAQ
1. Can a regular person file a police report to prosecute a bank under Section 23 of this Act?
No, courts can only take cognizance of these offences based on a written complaint by an authorized officer of the credit information company or the Reserve Bank.
2. Which court handles criminal trials under this Act?
The cases must be tried by a Metropolitan Magistrate, a Judicial Magistrate of the first class, or a superior court.
3. Who has to file the complaint if the credit information company itself breaks the law?
In that scenario, only an officer of the Reserve Bank who is specially authorized in writing can file the complaint.
Test yourself
1.Under Section 24 of The Credit Information Companies (Regulation) Act, 2005., if a credit institution required to be a member under Section 15 of The Credit Information Companies (Regulation) Act, 2005. commits an offence, who can authorize the written complaint for a court to take cognizance?
2.Under Section 24 of The Credit Information Companies (Regulation) Act, 2005., if the credit information company itself commits an offence punishable under Section 23 of The Credit Information Companies (Regulation) Act, 2005., who must make the written complaint?
3.Under Section 24 of The Credit Information Companies (Regulation) Act, 2005., which is the lowest level of court authorized to try offences under this Act?
4.Under Section 24 of The Credit Information Companies (Regulation) Act, 2005., how does the law define a "member of a credit information company" for the purpose of identifying who the complaint rules apply to?