Section 3A in The Epidemic Diseases Act, 1897

Title: Cognizance, investigation and trial of offences.

Description: 1[3A. Cognizance, investigation and trial of offences.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (i) an offence punishable under sub-section (2) or sub-section (3) of section 3 shall be cognizable and non-bailable; (ii) any case registered under sub-section (2) or sub-section (3) of section 3 shall be investigated by a police officer not below the rank of Inspector; (iii) investigation of a case under sub-section (2) or sub-section (3) of section 3 shall be completed within a period of thirty days from the date of registration of the First Information Report; (iv) in every inquiry or trial of a case under sub-section (2) or sub-section (3) of section 3, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnessed in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded, and an endeavor shall be made to ensure that the inquiry or trial is concluded within a period of one year: Provided that where the trial is not concluded within the said period, the Judge shall record the reasons for not having done so: Provided further that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time.] 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).

Title: Composition of certain offences.

Description: 1[3B. Composition of certain offences.--Where a person is prosecuted for committing an offence punishable under sub-section (2) of section 3, such offence may, with the permission of the Court, be compounded by the person against whom such act of violence is committed.] 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).

Title: Presumption as to certain offences.

Description: 1[3C. Presumption as to certain offences.--Where a person is prosecuted for committing an offence punishable under sub-section (3) of section 3, the Court shall presume that such person has committed such offence, unless the contrary is proved.] 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).

Title: Presumption of culpable mental state.

Description: 1[3D. Presumption of culpable mental state.--(1) In any prosecution for an offence under sub-section (3) of section 3 which requires a culpable mental state on the part of the accused, the Court shall presume the existence of such mental state, but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. (2) For the purposes of this section, a fact is said to be proved only when the Court believes it to exist beyond reasonable doubt and not merely when its existenc e is established by a preponderance of probability. Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).

Title: Compensation for acts of violence.

Description: 1[3E. Compensation for acts of violence.--(1) In addition to the punishment provided for an offence under sub-section (2) or sub-section (3) of section 3, the person so convicted shall also be liable to pay, by way of compensation, such amount, as may be determined by the Court for causing hurt or grievous hurt to any healthcare service personnel. (2) Notwithstanding the composition of an offence under section 3B, in case of damage to any property or loss caused, the compensation payable shall be twice the amount of fair market value of the damaged property or the loss caused, as may be determined by the Court. (3) Upon failure to pay the compensation awarded under sub-sections (1) and (2), such amount shall be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890 (1 of 1890).] 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).