Section 38 in The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act 2017
Title: Penalty for failure to comply with orders of Ombudsman
Whoever fails to comply with any order given by an Ombudsman within such time as may be specified in such order, under section 26, shall be liable to pay a fine which may extend to ten thousand rupees and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues.
Title: Penalty for breach of confidentiality in legal proceeding
Notwithstanding any action that may be taken under any law for the time being in force, whoever discloses information regarding the HIV status of a protected person which is obtained by him in the course of, or in relation to, any proceedings before any court, shall be punishable with fine which may extend to one lakh rupees unless such disclosure is pursuant to any order or direction of a court.
Title: Prohibition of victimisation
No person shall subject any other person or persons to any detriment on the ground that such person or persons have taken any of the following actions, namely:—
(a) made complaint under this Act;
(b) brought proceedings under this Act against any person;
(c) furnished any information or produced any document to a person exercising or performing any power or function under this Act; or
(d) appeared as a witness in a proceeding under this Act.
Title: Court to try offences
No court other than the court of a Judicial Magistrate First Class shall take cognizance of an offence under this Act.
Title: Offences to be cognizable and bailable
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offences under this Act shall be cognizable and bailable.