Every offence under this Act shall be cognizable, non-bailable and non-compoundable. The offences are triable by a Metropolitan Magistrate or a Judicial Magistrate of the first class.
In the event that the Offence has been committed by a company / firm, then every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company / firm, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
During the trial, the Court has to presume unless the contrary is proved that the pregnant woman has been compelled by her husband or the relative to undergo pre-natal diagnostic technique and such person shall be liable for abetment of conducting pre-natal diagnostic techniques on any pregnant woman (including such woman unless she was compelled to undergo such diagnostic techniques for purposes other than mentioned in the Act.
The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act.
However, under the present Act, a court case can be instituted directly, only by the Appropriate Authority concerned. In case an individual has to file Court Complaint, he is required to give 30 days prior notice of the alleged offence and of his intention to make a complaint to the court.
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