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[Cites 0, Cited by 0] [Section 56] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 56(1) in Jammu and Kashmir Panchayati Raj Act, 1989

(1)Notwithstanding anything contained in the Code of Criminal procedure, Samvat 1989 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for the trial of and shall take congnizance of any offence and abetment of or attempt to commit any offence, specified in the Schedule :Provided that no such cognizance shall be taken by a Panchayati Adalat of any case in which the accused, -
(i)has been previously convicted of an offence punishable under Chapter XII or Chapter XVII of the Ranbir Penal Code with imprisonment of either description for a term of three years or onwards ; or
(ii)has been previously sentenced for any offence to life imprisonment or a like term ; or
(iii)has been previously sentenced by any Panchayati Adalat for a theft or for dishonestly receiving stolen property ; or
(iv)is a registered habitual criminal ; or
(v)has been bound over to be of good behaviour under section 109 or section 110 of the Code of Criminal Procedure, Samvat 1989 :
Provided further that the Government may, on its own motion or on the recommendation of the prescribed authority, exclude, by notification in the Government Gazette, the jurisdiction of any Panchayati Adalat in respect of any of the offences specified in the Schedule :Provided also that no Panchayati Adalat shall take cognizance of any case relating to an offence specified in the Schedule in which either the complainant or the accused is a public servant as defined as section 21 of the Ranbir Penal Code, Samvat 1989.