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CS Professional · Labour Laws and Practice · Law of Industrial Relations

A complaint authorised by the State Government is filed for an offence under the Industrial Relations Code, 2020 against Kaveri Engineering Ltd. Before which court can the offence be tried?

The offence must be tried by a court not inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class. Section 87(2) of the Industrial Relations Code, 2020 overrides the Code of Criminal Procedure, so lower magistrates cannot try such offences.

  1. AAny Magistrate of the second class
  2. BA court not inferior to a Metropolitan Magistrate or Judicial Magistrate of the first classCorrect
  3. COnly the Industrial Tribunal
  4. DOnly a Sessions Court

Explanation

Section 87(2) says, notwithstanding the Code of Criminal Procedure, 1973, no court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class shall try offences under the Code. A second class magistrate is therefore ineligible.

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