COGNINANCE OF OFFENCE UNDER PNDT ACT
a Court can take cognizance of an offence under thePNDT Act on a complaint made by any officer authorised in that behalf by the Appropriate Authority.
these References, learned single Judge has referred the following issues for consideration and opinion: "(i) Whether
under the provisions of section 28 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, a Court can take cognizance of an offence under the Act on a complaint made by any officer authorised in this behalf by the Appropriate Authority? (ii) Whether the
provisions of the proviso to sub-section (3) of section 4 of the PNDT Act require that the complaint should contain specific allegations regarding the contravention of the provisions of sections 5 and 6 of the Act?
(iii) Whether the
burden lies on the authority to prove that there was contravention of the provisions of section 5 or 6 of the PNDT Act? (iv) Whether any
https://www.lawweb.in/2012/07/cogninance-of-offence-under-pndt-act.html
Gujarat High Court
Suo vs State on 30 September, 2008
these References, learned single Judge has referred the following issues for consideration and opinion: "(i) Whether
under the provisions of section 28 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, a Court can take cognizance of an offence under the Act on a complaint made by any officer authorised in this behalf by the Appropriate Authority? (ii) Whether the
provisions of the proviso to sub-section (3) of section 4 of the PNDT Act require that the complaint should contain specific allegations regarding the contravention of the provisions of sections 5 and 6 of the Act?
(iii) Whether the
burden lies on the authority to prove that there was contravention of the provisions of section 5 or 6 of the PNDT Act? (iv) Whether any
https://www.lawweb.in/2012/07/cogninance-of-offence-under-pndt-act.html
