Commissions of Inquiry Act,1952
Act No : 60
Section :
Members, etc., to be public servants.
10.Members, etc., to be public servants. Every member of the Commission and every officer appointed or authorised by the Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.(45 of 1860) 1[10A. Penalty for acts calculated to bring the Commission or any member thereof into disrepute. (1) If any person, by words either spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Commission or any member thereof into disrepute, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine, or with both. ---------------------------------------------------------------------- 1 Ins. by Act 79 of 1971, s. 13, ---------------------------------------------------------------------- 119c (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (3 of 1973) when an offence under sub-section (11) is alleged to have been -committed, the High Court may take cognizance of such offence, without the case being committed to it, upon a complaint in writing, made by a nember of a Commission or tin officer of the Commission authorised by it in this behalf. (3) Every complaint referred to in subsection (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been com- mited by him. (4) No High Court shall take -cognizance of an offence under subsection (1) unless the complaint is made within six months from the date on which the offence is alleged to have been committed. (5) A High Court taking cognizance of an offence under sub- section (1) shall try the case in accordance with the procedure for the trial of warrant cases instituted otherwise than on a police report before a court of a Magistrate: Provided that the personal attendance of a member of a Commission as a complainant or otherwise is not required in such trial. (6) Notwithstanding anything -contained in the Code of Criminal Procedure, 1973, an appeal shall lie as a matter of right from any Judgment of the High Court to the Supreme Court, both on facts and on law. (7) Every appeal to the Supreme Court under subsection (6) shall be preferred within a period of thirty days from the date of the judgment appealed from: Provided that, the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if It is satisfied that the appellant had sufficient cause for not Preferring the appeal within the period of thirty days.
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