AMASRA: 2.55 Section 32. Certain offences to be cognizable.

2.55 Certain offences to be cognizable

2.55.1 Bare Act Provision:

32. Certain offences to be cognizable.―Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence under clause (i) or clause (iii) of sub-section (1) of section 30, shall be deemed to be a cognizable offence within the meaning of that Code.

2.55.2 Interpretation:

Section 32 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, designates specific offences under the Act as cognizable offences.

Despite any provisions in the Code of Criminal Procedure, 1898 offences listed under Section 30(1)(i) i.e. destroying, removing, injuring, altering, defacing, imperiling, or misusing a protected monument and Section 30(1)(iii) i.e. removing sculptures, carvings, images, bas-reliefs, inscriptions, or similar objects from a protected monument are considered cognizable offences. This means police can arrest the offender without a warrant and investigate the case without prior court permission. This provision strengthens the enforcement of heritage protection by classifying serious offences against protected monuments as cognizable, enabling swift police action to prevent and address damage to Bharat’s cultural heritage, ensuring immediate response to significant violations.

Code of Criminal Procedure, 1898 once replaced by new provisions in 1973 and now completely replaced by the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. But still the provision is giving reference to the old colonial era statute. This creating legal ambiguity and potential challenges in applying the provision. This outdated reference could lead to confusion in enforcement or judicial proceedings, undermining the section’s effectiveness in protecting heritage.