Chapter XI OFFENCES AND PENALTIES

General202366 sections12 chapters

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50. Intentional insult or interruption to, or bringing into disrepute, Lokayukta.

Statutory text

(1) Whoever intentionally offers any insult, or causes any interruption to the Chairperson or Member of the Lokayukta, while he is conducting any inquiry or investigation under this Act, shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
(2) Whoever, by words spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Chairperson or Member of the Lokayukta into disrepute, shall, on conviction, be punished with simple imprisonment for a term which may extend to six months or with fine, or with both.
(3) 1[The provisions of sub-sections (2) to (5) of section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) shall apply in relation to an offence under sub-section (1) or sub-section (2) as they apply in relation to an offence referred to in sub-section (1) of the said section 222], subject to the modification that no complaint in respect of such offence shall be made by the public prosecutor except with the previous sanction of the Governor in the case of an offence against the Chairperson or Member of Lokayukta.

Chapter XI OFFENCES AND PENALTIES

51. Prosecution for false complaint and payment of compensation, etc., to public servant.

Statutory text

(1) Notwithstanding anything contained in this Act, whoever makes any false, frivolous or vexatious complaint under this Act,-
- (a) the Lokayukta may impose penalty upto two lakh rupees: Provided that, before passing any order under this section the Lokayukta shall give an opportunity of being heard to the concerned person; or
- (b) the Lokayukta may direct to prosecute the complainant and he shall on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to two lakh rupees.
(2) No Court, except a Special Court, shall take cognizance of an offence under clause (b) of sub-section (1).
(3) No Special Court shall take cognizance of an offence under clause (b) of sub-section (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.
(4) The prosecution in relation to an offence under clause (b) of sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the State Government.
(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 against whom 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.
(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" shall have the same meaning as assigned to it in section 52 of the Indian Penal Code (45 of 1860).

Chapter XI OFFENCES AND PENALTIES

52. False complaint made by society or association of persons or trust.

Statutory text

(1) Where any offence under sub-section (1) of section 51 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 guilty 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.
(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 or 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.

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