Notwithstanding anything contained in
the 1[Code of Criminal Procedure, 1973 (2 of 1974)] and subject to the provisions
of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa
Panchayat area for the trial of and shall take cognizance of any offence and
abetment of or attempt to commit any offence, specified in the Schedule :
Provided that no such cognizance shall be taken by a Panchayati Adalat of any case in which the accused,—
(i) has been previously convicted of an offence punishable under Chapter XII or Chapter XVII of the 2[Indian Penal Code (45 of 1860)] with imprisonment of either description for a term of three years or onwards ; or
(ii) has been previously sentenced for any offence to life imprisonment for a like term ; or
(iii) has been previously sentenced by any Panchayati Adalat for a theft or for dishonestly receiving stolen property ; or
(iv) is a registered habitual criminal ; or
(v) has been bound over to be of good behavior under section 109 or section 110 of the 3[Code of Criminal Procedure, 1973 (2 of 1974)] :
Provided further that the 4[Government of the Union territory of Jammu and Kashmir] may, on its own motion or on the recommendation of the prescribed authority, exclude, by notification in the 5[Official Gazette] the jurisdiction of any Panchayati Adalat in respect of any of the offences specified in the Schedule :
Provided also that no Panchayati Adalat shall take cognizance of any case relating to an offence specified in the Schedule in which either the complainant or the accused is a public servant as defined in section 21 of the 2[Indian Penal Code (45 of 1860)].
Provided that no such cognizance shall be taken by a Panchayati Adalat of any case in which the accused,—
(i) has been previously convicted of an offence punishable under Chapter XII or Chapter XVII of the 2[Indian Penal Code (45 of 1860)] with imprisonment of either description for a term of three years or onwards ; or
(ii) has been previously sentenced for any offence to life imprisonment for a like term ; or
(iii) has been previously sentenced by any Panchayati Adalat for a theft or for dishonestly receiving stolen property ; or
(iv) is a registered habitual criminal ; or
(v) has been bound over to be of good behavior under section 109 or section 110 of the 3[Code of Criminal Procedure, 1973 (2 of 1974)] :
Provided further that the 4[Government of the Union territory of Jammu and Kashmir] may, on its own motion or on the recommendation of the prescribed authority, exclude, by notification in the 5[Official Gazette] the jurisdiction of any Panchayati Adalat in respect of any of the offences specified in the Schedule :
Provided also that no Panchayati Adalat shall take cognizance of any case relating to an offence specified in the Schedule in which either the complainant or the accused is a public servant as defined in section 21 of the 2[Indian Penal Code (45 of 1860)].
1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Code of Criminal Procedure, Samvat 1989”.. 2. Substituted ibid for “Ranbir Penal Code, Samvat 1989”. 3. Substituted ibid for “Code of Criminal Procedure, Samvat 1989”. 4. Substituted ibid for “Government”. 5. Substituted ibid for “Government Gazette”.