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Section 45: Cognizance of offences.

The Unlawful Activities (Prevention) Act, 1967Central Act · Act 37 of 1967

[(1)] No court shall take cognizance of any offence--

(i) under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf;

(ii) under Chapter IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and [if] such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.

[(2) Sanction for prosecution under sub-section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation, within such time as may be prescribed, to the Central Government or, as the case may be, the State Government.]

Where this provision sits

ActThe Unlawful Activities (Prevention) Act, 1967
Section45
Marginal noteCognizance of offences.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it5

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • renumbered, Act 35 of 2008. . Section 45 renumbered as sub-section (1) thereof by Act 35 of 2008, s. 13 (w.e.f. 31-12-2008).
  • substituted, Act 28 of 2019. . Subs. by Act 28 of 2019, s. 9 for "where" (w.e.f. 14-8-2019).
  • inserted, Act 35 of 2008. . Ins. by Act 35 of 2008, s. 13 (w.e.f. 31-12-2008).

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