Criminal Offences and Procedure
Institution of prosecutions
[50. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898
(Act V of 1898) offences under sections 39, 39A, 40, 40A, 40B, 41, 42, 43, 44, 44A, 45, 46 and 47 of this Act shall be cognizable.
(2) No court shall take cognizance of any offence against an employee of the licensee for abetting the commission of any offence under this Act unless a report to that effect is filed by an officer not below the rank of an Assistant Engineer of the concerned licensee for the offence committed.
Explanation.A person is said to abets the commission of any offence, if he
(a) instigates any person to commit the offence;
(b) engages with one or more other persons in conspiracy for committing the offence;
(c) Intentionally aids the commission of the offence; or
(d) facilitates in any way the commission of the offence.
(3) any officer not below the rank of an Assistant Engineer of the concerned licensees shall be competent of file cases for any offence under this Act or any rule, license of order made thereunder in the court taking cognizance of the offence.]