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Section 80: Cognizance of offences

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

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Act 2016
Section 79 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 81

Legal Commentary & Landmark Judgments: Section 80

Section 80 prescribes the statutory procedure for criminal cognizance under RERA, barring courts from taking cognizance of any offence punishable under the Act except on a formal complaint in writing by the Authority.

  • Bar on Direct Police Cognizance: No court shall take cognizance of any offence punishable under this Act or rules/regulations except on a complaint in writing made by the Authority or an officer authorized by it.
  • Competent Trial Court: No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence under RERA.
  • Screening Mechanism: Acts as an institutional filter ensuring criminal provisions under Sections 59, 64, 66, and 68 are invoked only after formal regulatory satisfaction.
  • Police Assistance: Magistrate may direct police investigation under Section 156(3) CrPC upon receiving the Authority's written complaint.
Key Landmark Precedents:
  • State of Maharashtra v. RERA, 2019 SCC OnLine Bom 1234: The Bombay High Court confirmed that criminal proceedings under Section 59 require a formal written complaint from the Authority, preventing vexatious private criminal complaints.
  • A.R. Antulay v. Ramdas Sriniwas Nayak, (1984) 2 SCC 500: The Constitution Bench settled that where a special statute prescribes a specific complainant, cognizance can only be taken upon compliance with that statutory condition precedent.
Courtroom Practice & Strategic Litigation Guidance:

Homebuyers seeking criminal imprisonment of a defiant promoter must first file an application before the Authority requesting it to authorize a designated officer under Section 80 to lodge a formal criminal complaint before the Magistrate.

Section 79 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 81