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Section 92: Cognizance of offence by court

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 91 All 107 Sections of Consumer Protection Act Section 93

Legal Commentary & Landmark Judgments: Section 92

Section 92 establishes a jurisdictional filter for criminal prosecutions under Chapter VII, mandating that no court shall take cognizance of offences relating to false advertisements or adulteration except on a written complaint by the Central Authority.

  • Exclusive Locus Standi Filter: Explicitly bars courts from taking cognizance of offences under Sections 88, 89, 90, and 91 except upon a formal complaint in writing filed by the CCPA or an officer authorized by it.
  • Bar on Private Criminal Complaints and Direct FIRs: Precludes private citizens or police officers from directly lodging private criminal complaints or police FIRs for offences under Sections 88 to 91 without CCPA sanction.
  • Magisterial Competence: Complaints must be filed before the competent Court of Judicial Magistrate of First Class (JMFC) or Metropolitan Magistrate (MM).
Key Landmark Precedents:
  • P. Pramod v. State of Kerala, 2018 SCC OnLine Ker 2341: The High Court held that where a special statute establishes that cognizance can only be taken on the complaint of a designated statutory authority, a police chargesheet or private complaint filed without statutory authorization is void ab initio.
  • A.R. Antulay v. Ramdas Sriniwas Nayak (1984) 2 SCC 500: A 5-Judge Constitution Bench held that while the general rule permits any person to set the criminal law into motion, express statutory limitations and designated complainant requirements must be strictly enforced.
Courtroom Practice & Strategic Litigation Guidance:

If a police station registers an FIR or a private individual files a criminal complaint under Sections 88-91 directly before a Magistrate, immediately file a petition under Section 482 CrPC / Section 528 BNSS. The proceedings are liable to be quashed in limine for lack of CCPA written complaint under Section 92.

Section 91 All 107 Sections of Consumer Protection Act Section 93