Protection of Civil Rights Act,1955
Act No : 22
Section :
Offences to be cognizable and triable summarily.
2* [15. (1)Offences to be cognizable and triable summarily. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be 2 cognizable and every such offence, except where it is punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a Judicial Magistrate of the first class or in a metro- politan area by a Metropolitan Magistrate in accordance with the procedure specified in the said Code. (2) Notwithstanding anything contained in the Code of Criminal Procedure 1973, when any public servant is alleged to have committed 2 the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence of abetment except with the previous sanction- (a) of the Central Government, in the case of a person employed in connection with the affairs of the Union ; and (b) of the State Government, in the case of a person employed in connection with the affairs of a State. 15A. (1) Duty of State Government to ensure that the rights accruing from the abolition of "untouchability may be availed of by the concerned persons. Subject to such rules as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for ensuring that the rights arising from the abolition of "untouchability" are made available to, and are availed of by, the persons subjected to any disability arising out of "untouchability". (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include- (i) the provision of adequate facilities, including legal aid, to the persons subjected to any disability arising out of ----------------------------------------------------------------------- 1 Ins. by Act 106 of 1976, s. 16 (w.e.f. 19-11-1976). 2 Subs. by s. 17, ibid., for s. 15 (w.e.f.19-11-1976). ---------------------------------------------------------------------- 692c "untouchability" to enable them to avail themselves of such rights; (ii) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act; (iii) the setting up of special courts for the trial of offences under this Act ; (iv) the setting up of Committees at such appropriate levels as the State Government may think fit to assist the State Government in formulating or implementing such measures; (v) provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provisions of this Act ; (vi) the identification of the areas where persons are under any disability arising out of "untouchability" and adoption of such measures as would ensure the removal of such disability from such areas. (3) The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-section (1). (4)The Central Government shall, every year, place on the Table of each House of Parliament, a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.]
