Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in the Code of Criminal 5 of 1898. Procedure, 1898, a Nyaya Panchayat constituted under section 51 shall have jurisdiction, within the local limits of the Gram Panchayat constituting such Nyaya Panchayat, to try all offences specified in the Second Schedule, Part A; and, with effect from the date specified in the notification referred to in sub-section (2) of section 51, no other court shall, except as otherwise provided in this -Act, take cognizance of any case triable by a Nyaya Panchayat: Provided that nothing in this Act shall take away the jurisdiction of any court to try a case which a Nyaya Panchavat is prohibited by section 78 from trying or which should be, in the opinion of the Nyaya Panchayat or of the Sessions Judge or the Sub-divisional Judicial Magistrate exercising the power conferred by sub-section (1) of section 79, tried in an ordinary court. 296 The West Bengal Panchayat Act, 1973. XLI of 1973.] (Part IL—Gram Panchayat.—Chapter VII.—Nyaya Panchayats.—Section 52.) (2) A Nyaya Panchayat may try any offence specified in the Second Schedule, Part B, if the case is transferred to it by a Sessions Judge, a Sub-divisional Judicial Magistrate or any other Judicial Magistrate empowered to receive petitions under section 190 of the Code of Criminal 5 of 1898. Procedure, 1898: Provided that— (a) a Judicial Magistrate before whom a complaint of an offence mentioned in the Second Schedule, Part A, cognizable by a Nyaya Panchayat is made, shall transfer the complaint to the Nyaya Panchayat which is competent to try the offence; (b) the Sessions Judge or Subdivisional Judicial Magistrate may transfer any case from one Nyaya Panchayat to another or to any other court subordinate to him if in the interest of justice he considers it necessary to do so; (c) the Sessions Judge or Sub-divisional Judicial Magistrate may, with the consent of the parties, transfer any case cognizable by a Nyaya Panchayat, if the place of residence of the complainant is situated within the limits of a Grant Panchayat, for which there is no Nyaya Panchayat, to any Nyaya Panchayat situated at a distance from such place of residence convenient, in the opinion of Session Judge or the Sub-divisional Judicial Magistrate, as the case may be, for the parties and witnesses. (3) Every offence triable by a Nyaya Panchayat shall ordinarily be tried by the Nyaya Panchayat within the local limits of whose jurisdiction it was committed. (4) The offence of theft triable by a Nyaya Panchayat or any offence which includes theft or the possession of stolen property, triable by a Nyaya Panchayat, may be tried by the Nyaya Panchayat within the local limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen. (5) An offence triable by a Nyaya Panchayat, committed whilst the offender is in the course of performing a journey, may be tried by the Nyaya Panchayat through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey. 297 The West Bengal Panchayat Act, 1973. [West Ben. Act How case may be instituted. Power to dismiss or refuse to entertain petition. (Part II.—Gram Panchayat.—Chapter VII.—Nyaya Panchayats.—Sections 53, 54.) (6) When it is uncertain in which of several areas an offence was committed, or where an offence is committed partly in one local area and partly in another, or where an offence is a continuing one and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be tried by a Nyaya Panchayat having jurisdiction over any such local areas. (7) Whenever a question arises as to which of two or more Nyaya Panchayats subordinate to the same Sub-divisional Judicial Magistrate ought to try any offence, it shall be decided by the Sub-divisional Judicial Magistrate. (8) Whenever a question arises as to which of two or more Nyaya Panchavats not subordinate to the same Sub-divisional Judicial Magistrate, but subordinate to the same Sessions Judge, ought to try any offence, it shall be decided by the Sessions Judge. (9) Where two or more Nyaya Panchayats not subordinate to the same Sessions Judge have taken cognizance of the same offence, the Sessions Judge within the local limits of whose jurisdiction the proceedings were first commenced may direct the trial of such offender to be held in any Nyaya Panchayat subordinate to him and if he so decides all other proceedings against such person in respect of such offence shall be discontinued.