Procedure in offences under the Act

Section 9 of the Criminal Law Amendment Act, 1932 deals with procedure in offences under the Act. Now see sub-section (1) of section 95 of the Code of Criminal Procedure, 1973 (2 of 1974).

Now see sub-section (1) of section 95 of the Code of Criminal Procedure, 1973 (2 of 1974). 7. Molesting a person to prejudice of employment or business .- (1) Whoever- (a) with intent to cause any person to abstain from doing or to do any act which such person has a right to do or to abstain from doing, obstructs or uses violence to or intimidates such person or any member of his family or person in his employ, or loiters at or near a place where such person or member or employed person resides or works or carries on business or happens to be, or persistently follows him from place to place, or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof, or (b) loiters or does any similar act at or near the place where a person carries on business, in such a way and with intent that any person may thereby be deterred from entering or approaching or dealing at such place, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Explanation .- Encouragement of indigenous industries or advocacy of temperance, without the commission of any of the acts prohibited by this section is not an offence under this section.

(2) No Court shall take cognizance of an offence punishable under this section except upon a report in writing of facts which constitute such offence made by a police-officer not below the rank of officer in charge of a police-station. 8. [Power to order parent or guardian to pay fine imposed on young person. ] Rep. by the Criminal Law Amendment Act, 1935, s. 2.

Section 9, The Criminal Law Amendment Act, 1932 (Act 23 of 1932).