Drugs and Cosmetics Act 1940 / Section 15 Jurisdiction

Section 15 Drugs and Cosmetics Act 1940 - Jurisdiction

Section 15 of the Drugs and Cosmetics Act, 1940 specifies the minimum level of criminal court competent to try an offence punishable under Section 13 of the Act.

Text of Section 15 - Jurisdiction

Section 15. No Court inferior to that of a Metropolitan Magistrate or of a Judicial Magistrate of the first class shall try an offence punishable under Section 13.

Meaning of Section 15

Section 15 is a jurisdictional provision in Chapter III of the Drugs and Cosmetics Act, 1940. It does not itself create an offence or prescribe a punishment. Instead, it determines the minimum judicial forum that may conduct the trial of an offence punishable under Section 13.

Accordingly, a court below the level of a Metropolitan Magistrate or a Judicial Magistrate of the First Class cannot try an offence punishable under Section 13. The provision should therefore be read together with Section 13, which deals with offences relating to import of drugs or cosmetics in contravention of Chapter III and the applicable statutory requirements.

Key points

  • Nature of provision: Section 15 deals with the court having jurisdiction to try offences punishable under Section 13.
  • Minimum court: The trial must be before a Metropolitan Magistrate or a Judicial Magistrate of the First Class, or a court of higher competent jurisdiction.
  • Linked provision: The jurisdictional rule specifically refers to offences punishable under Section 13.
  • Chapter context: Sections 8 to 15 form part of Chapter III dealing with import of drugs and cosmetics.

Amendment note

The present wording referring to a Metropolitan Magistrate or a Judicial Magistrate of the First Class was substituted by Section 11 of the Drugs and Cosmetics (Amendment) Act, 1982 (Act 68 of 1982), with effect from 1 February 1983.

Legal note: Section 15 concerns the level of the trial court for Section 13 offences. Questions concerning cognizance, complaint procedure, investigation, territorial jurisdiction, or other procedural requirements may also depend on other provisions of the Drugs and Cosmetics Act and the criminal procedure law applicable to the proceeding.

Related provisions

For the statutory context of Section 15, see Section 12 - Power of Central Government to make rules, Section 13 - Offences, and Section 14 - Confiscation.