Section 88 and Section 89 of Land Acquisition Act 2013: Cognizance and Non-Cognizable Offences

Sections 88 and 89 form part of Chapter XII, "Offences and Penalties", of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. They deal respectively with the minimum level of criminal court competent to try offences under the Act and the non-cognizable character of every offence under the Act.

In brief: Section 88 restricts trial of offences under the Act to a Metropolitan Magistrate or Judicial Magistrate of the first class, or a higher competent court. Section 89 expressly declares every offence under the Act to be non-cognizable.

Section 88 - Cognizance of offences by court

Section 88: No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act.

Meaning and effect of Section 88

Section 88 fixes the minimum level of criminal court that may try an offence punishable under the 2013 Act. A court below the level of a Metropolitan Magistrate or a Judicial Magistrate of the first class cannot conduct such a trial. The provision should be read with the other provisions in Chapter XII governing offences, penalties and the manner in which prosecution may be initiated.

The expression "competent to try" concerns the court before which an offence under the Act may be tried. Section 90 is also relevant because it separately regulates the persons on whose complaint a court may take cognizance of offences under the Act.

Section 89 - Offences to be non-cognizable

Section 89: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence under this Act shall be deemed to be non-cognizable.

Meaning of non-cognizable offence

Section 89 gives overriding effect to its classification rule and declares every offence under the 2013 Act to be non-cognizable. In practical terms, the criminal-procedure law applicable to non-cognizable offences governs investigation and related procedural steps, subject to the special provisions of the 2013 Act.

Current criminal-procedure context: Section 89 continues to contain an express textual reference to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and now provides the general criminal-procedure framework, subject to its commencement, saving and transitional provisions and any applicable special law. The statutory text of Section 89 is reproduced above as enacted.

Relationship between Sections 88, 89 and 90

These provisions perform different functions. Section 88 identifies the minimum competent trial court. Section 89 classifies offences under the Act as non-cognizable. Section 90 deals with the complaint required before a court may take cognizance of an offence under the Act. They should therefore be read together when examining prosecution under Chapter XII.

Chapter XII - Offences and Penalties

The surrounding provisions include punishment for false information or mala fide action under Section 84, penalty for contravention under Section 85, offences by companies under Section 86, offences by Government departments under Section 87, and the complaint requirement under Section 90.

This page is a general legal reference to the central enactment. State amendments, local rules, transitional provisions and the facts of a particular proceeding may affect application.