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State of Assam - Section

Section 34 in The Assam Criminal Law (Amendment) Act, 1934

34. Cognizance of offences under Sections 31 and 32.

(1)No Court shall take cognizance of any offence punishable under Sections 31 and 32 except upon complaint made by order or under authority of the appropriate Government or a District Magistrate empowered by the appropriate Government in this behalf.
(2)No complaint shall be made under sub-section (1) unless the appropriate Government or the District Magistrate, as the case may be-
(a)is satisfied that the newspaper, book or document in respect of whom the offence is alleged to have been committed contains words, signs or visible representations which tend to further or encourage the terrorist movement or the commission of any offence in connection with that movement, and
(b)is of opinion that the person alleged to have committed the offence-
(i)intended that the newspaper, book or document, should or knew that it could be used for the purpose of disseminating any doctrine tending to further or encourage the terrorist movement; or
(ii)is a person to whom the provisions of sub-section (1) of Section 16 of the Assam Criminal Law (Amendment) Act, 1934 are applicable.