Section 49 of Delhi Rent Control Act 1958 - Cognizance of Offences

Updated: 24 September 2026

Section 49 of the Delhi Rent Control Act, 1958 regulates which criminal court may try offences under the Act, fixes the time within which a complaint must be made, and gives the Metropolitan Magistrate a special power concerning the amount of fine that may be imposed.

Text of Section 49 - Cognizance of offences

(1) No court inferior to that of a Metropolitan Magistrate shall try any offence punishable under this Act.

(2) No court shall take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence.

(3) Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate to pass a sentence of fine exceeding five thousand rupees on a person convicted of an offence punishable under this Act.

Meaning and scope of Section 49

1. Court competent to try an offence

Sub-section (1) creates a minimum level of criminal court for offences punishable under the Delhi Rent Control Act. Such an offence is not to be tried by a court inferior to a Metropolitan Magistrate.

2. Complaint must be made within three months

Sub-section (2) imposes a specific statutory condition for cognizance. A complaint concerning an offence punishable under the Act must be made within three months from the date of commission of the offence. This special provision should therefore be checked whenever prosecution is contemplated under the penal provisions of the Act, including Section 48.

3. Special power regarding fine

Sub-section (3) is a non-obstante provision. The enacted text refers to Section 29 of the Code of Criminal Procedure, 1973 and authorises a Metropolitan Magistrate to impose a fine exceeding five thousand rupees for an offence punishable under the Delhi Rent Control Act.

Current criminal procedure: The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and is now the principal criminal procedure legislation. Its Section 23 deals with sentences which Magistrates may pass. However, the official text of Section 49(3) of the Delhi Rent Control Act continues to contain the express reference to Section 29 of the Code of Criminal Procedure, 1973. The statutory wording above is therefore retained rather than silently rewritten.

Key requirements at a glance

Legislative amendments reflected in Section 49

The present terminology and monetary reference reflect amendments made by the Delhi Rent Control (Amendment) Act, 1988 (Act 57 of 1988), effective from 1 December 1988. The amendment substituted "Metropolitan Magistrate" for the earlier reference to a magistrate of the first class, replaced the reference to Section 32 of the Code of Criminal Procedure, 1898 with Section 29 of the Code of Criminal Procedure, 1973, and substituted five thousand rupees for two thousand rupees.

Official legal resources

For the authoritative bare Act and current central legislation, consult India Code:

Delhi Rent Control Act, 1958 - official India Code PDF

Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF

This page is a legal information resource. For a particular prosecution, limitation issue or pending proceeding, the facts, applicable amendments, transitional provisions and judicial decisions should be examined separately.