Section 137: Cognizance of offences

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XII: Offences and Penalties
Competent Labour Forum
Act No. 36 of 2020

Legal Commentary & Landmark Judgments: Section 137

Section 137 of the Code regulates the cognizance of offenses by courts, establishing that no court shall take cognizance of any offense punishable under this Code except upon a complaint in writing made by an authorized officer.

  • Statutory Bar on Direct Private Complaints & FIRs: Precludes regular police FIRs or private criminal complaints, vesting prosecution discretion exclusively in authorized social security officers.
  • Mandatory Written Complaint Architecture: Requires a comprehensive, reasoned written complaint detailing the inspection findings, assessment orders, and show-cause records.
  • Competent Judicial Magistrate Threshold: Specifies that no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offense under this Code.
Key Landmark Precedents:
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court held that statutory limitations on cognizance are jurisdictional bars designed to prevent vexatious prosecutions and ensure specialized regulatory scrutiny.
  • Regional Provident Fund Commissioner v. Hooghly Mills Co. Ltd. (2012) 2 SCC 489: Supreme Court affirmed that social security complaints must be signed and filed by officers possessing lawful statutory delegation.
  • Chintaman Rao v. State of M.P. AIR 1958 SC 388: Supreme Court invalidated criminal proceedings where the statutory complaint was initiated by an unauthorized administrative functionary.
Courtroom Practice & Strategic Litigation Guidance:

Always audit the prosecution complaint for statutory authorization: if the officer who filed the complaint was not specifically notified in the Official Gazette as an authorized officer under Section 137, raise a preliminary objection seeking threshold quashing of the summons.