Section 77 of The Food Safety and Standards Act, 2006 in hindi
Notwithstanding anything contained in this Act, no court shall take cognizance of an offence under this Act after the expiry of the period of one year from the date of commission of an offence: Provided that the Commissioner of Food Safety may, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years.
Summary
- Courts cannot officially start a case for any offence under this food law after one year has passed from the date the offence was committed.
- The Commissioner of Food Safety has the authority to extend this deadline and approve starting a case up to three years after the offence occurred.
- Any decision by the Commissioner to extend the prosecution window must be backed by reasons written down in writing.
Practical examples
FAQ
1. What is the standard time limit for starting a prosecution under Section 77 of the Food Safety and Standards Act, 2006?
The standard time limit under Section 77 of the Food Safety and Standards Act, 2006 is one year from the date the offence was committed.
2. Can a court accept a case under the Food Safety and Standards Act, 2006 after one year has passed?
Yes, under Section 77 of the Food Safety and Standards Act, 2006, a court can take up a case after one year if the Commissioner of Food Safety grants approval to extend the prosecution window up to three years.
3. Does the Food Safety Commissioner need to justify extending the prosecution time limit under Section 77 of the Food Safety and Standards Act, 2006?
Yes, under Section 77 of the Food Safety and Standards Act, 2006, the Commissioner must record the reasons in writing to approve any prosecution within the extended period of up to three years.
Test yourself
Q1.Under Section 77 of the Food Safety and Standards Act, 2006, what is the default period within which a court must take cognizance of an offence?
Q2.Who has the authority to extend the prosecution window under Section 77 of the Food Safety and Standards Act, 2006?
Q3.Under Section 77 of the Food Safety and Standards Act, 2006, what is the maximum extended period allowed for launching a prosecution with written approval?
Q4.If the Commissioner of Food Safety decides to approve a prosecution after the default time limit under Section 77 of the Food Safety and Standards Act, 2006, what must they do?