Tamil Nadu Prohibition Act Section 15 — Offences under Act to be cognizable: All offences under this Act shall be cognizable and the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with respect to cognizable offences shall apply to them. 15-A. Summary trial of certain offences: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the State of Government may confer on
Criminal
Summary
Section 15 states that every offence under this Act is a cognizable offence, meaning the police can arrest a person without a warrant. The procedures laid down in the Code of Criminal Procedure, 1973 for dealing with cognizable offences will apply to all such offences under this Act.
Section 15-A allows the State Government to give certain magistrates the power to hold summary trials for offences under this Act. This power can be given to (i) any Judicial Magistrate of the first class, (ii) any Judicial Magistrate of the second class, or (iii) any Special Judicial Magistrate appointed under Section 13 of the Code of Criminal Procedure, 1973. These magistrates may try summarily, following the procedures in Sections 262 to 265 of that Code, any or all offences under this Act that are punishable with imprisonment for up to six months, or with a fine, or with both. However, even after such a summary trial, the only sentence that can be imposed is a fine, and no imprisonment can be ordered as a result of this trial.
Section 15-C(1) provides that offences under this Act which are punishable with rigorous imprisonment for a term that may extend to three years or more shall be non-bailable offences. The provisions of the Code of Criminal Procedure, 1973 relating to non-bailable offences will apply to these offences.
Section 15-C(2) clarifies that nothing in Sections 27, 28, 29, 32, 38 and 39 of this Act shall be interpreted as allowing a person to be granted bail, if the offence that person is alleged to have committed is one referred to in sub-section (1) of this section.
Official Text
(i) Any Judicial Magistrate of the first class, or
(ii) Any Judicial Magistrate of the second class, or
(iii) any Special Judicial Magistrate appointed under Section 13 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), power to try summarily in accordance with the provisions contained in Sections 262 to 265 of the said Code, all or any of the offences which are punishable under this Act with imprisonment for a term not exceeding six months, or with fine, or with both, but as a result of such trail no sentence except a sentence of fine shall be imposed. 15-B. xxxxx 15-C. Offences to be non-bailable:
(1) The offences punishable under this Act with rigorous imprisonment for a term which may extend to three years and upwards shall be non-bailable and the provision of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with respect to non-bailable offences, shall apply to those offences.
(2) Nothing contained in Sections 27, 28, 29, 32, 38 and 39 shall be construed as enabling a person to be admitted to bail, if the offence alleged to have been committed by such persons is one referred to in sub-section (1). CHAPTER –III EXEMPTION AND LICENCES