The Protection of Civil Rights Act,1955
Section 15. Offences to be cognizable and triable summarily
1[Offences to be cognizable and triable summarily. (1) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), every offence punishable under this Act shall be 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 metropolitan 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 (2 of 1974), when any public servant is alleged to have committed 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.
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1. Subs. by Act No. 106 of 1976.
