Chapter XIV OFFENCESAND PENALTIES

Prosecutions for false and frivolous or vexatious complaint 46.

1. (1) Notwithstanding anything contained in this Act, whosoever makes anyfalse and frivolous or vexatious complaint under the Act shall, on conviction, be punished with imprisonment for a term which may extend to two years and fine which may extend to one lakh rupees.
2. (2) No Court, except a Special Court, shall take cognizance of an offence under sub- section (1).
3. (3) No Special Court shall take cognizance of an offence under sub-section
4. (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorised by the Lokayukta.
5. (4) The prosecution in relation to an offence under sub-section
6. (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the Government.
7. (5) In case of conviction of a person being an individual or society or association of persons or trust (whether registered or not) for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant againstwhom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine.
8. (6) Nothing contained in this section shall apply in case of complaints made in good faith. Explanation—For the purpose of this sub-section, the expression "good faith" means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the Indian Penal Code, 1860.

1. (1) Where any offence under sub-section
2. (1) of section 45 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be gualty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
3. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a society or association of persons or trust (whether registered or not) and it is proved that the offence has been committed with the consent of. connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of such society or association of persons or trust, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly: