(1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General,1[***] the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed.
(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class.
STATE AMENDMENTS
2Goa, Daman and Diu:
In section 83, for sub-section (1), substitute the following:--
"(1) No prosecution for any offence under this Act shall be commenced save by or with the permission of the Inspector-General or any officer empowered in this behalf by the Government."
3Tamil Nadu:
In section 83, in sub-section (2), for the word "Offences", the words, figures and letter "Save as provided in section 80G, offences" shall be substituted.
4West Bengal:
In sub-section (2), for the word "Offences", substitute the words, figure and letter "Save as provided in section 80F, offences".
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1. The words "the Branch Inspector-General of Sindh", omitted by A.O. 1937.
2. Vide Goa Act 2 of 1968, section 3.
3. Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f. 1-1-1988).
4. Vide Bengal Act 5 of 1942, section 11 (w.e.f. 1-11-1943).