34A. Certain offences to be cognizable
34A. Certain offences to be cognizable.—[The Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) shall apply to an offence under sub-clause (a) of sub-section (1) of section 29] as if it were a cognizable offence,—
for the purposes of investigation of such offence, and
for the purposes of all matters other than—
matters referred to in [section 39 of that Sanhita], and
arrest of a person except on the complaint of, or upon information received from:—
such officer of the Authority not below the rank of a Director as may be appointed by the [Lieutenant Governor] of the [National capital territory of Delhi], if the offence is committed in relation to a development area;
such officer of the Municipal Corporation of Delhi not below the rank of a Deputy Commissioner as may be appointed by the [Lieutenant Governor] of the 5[National capital territory of Delhi], if the offence is committed in relation to any area within the local limits of that Corporation; or
the Secretary, New Delhi Municipal Committee, if the offence is committed in relation to any area within the local limits of that Committee:
Provided that no offence which relates to any deviation from the permission, approval or sanction given under section 12 and which could be compounded under the provisions of this Act, shall be cognizable.
Amendment notes (6)
- 1Ins w.e.f. 24-2-1986 Ins. by Act 38 of 1984, s. 7 (w.e.f. 24-2-1986).
- 2Subs Subs. by Act 8 of 2026, s. 2 and Sch., for “The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to an offence under
- w.e.f. 1-8-2026 sub-section (1) of section 29” (w.e.f. 1-8-2026).
- 3Subs w.e.f. 1-8-2026 Subs. by s. 2 and Sch., ibid., for “section 21 of the Indian Penal Code (45 of 1860)” (w.e.f. 1-8-2026).
- 4Subs w.e.f. 21-12-1996 Subs. by Act 36 of 1996, s. 2, for “Administrator” (w.e.f. 21-12-1996).
- 5Subs w.e.f. 21-12-1996 Subs. by s. 2, ibid., for “Union territory of Delhi” (w.e.f. 21-12-1996).