ANDHRA PRADESH PREVENTION OF COUCHING ACT, 1964

4 of 1964

29th January, 1964

An Act to consolidate and amend the law relating to the prevention of couching by unqualified persons in the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the Fourteenth Year of the Republic of India as follows:

Section 1 Short title and extent

(1) This Act may be called the Andhra Pradesh Prevention of Couching Act, 1964.

(2) It extends to the whole of the State of Andhra Pradesh.

Section 2 Definitions

In this Act, unless the context otherwise requires,

(i) couching means the operative displacement by the use of a needle or other instrument, of the opaque crystalline lens of the eye until the lens no longer intercepts the line of vision;

(ii) registered practitioner means a person registered under the Andhra Pradesh (Andhra Area) Medical Registration Act, 1914 or any other law similar thereto for the time being in force in the State of Andhra Pradesh.

Section 3 Penalty for unlawful couching

Whoever, not being a registered practitioner or not possessing a qualification entitling him to be registered under the relevant law relating to the registration of medical practitioners referred to in clause (ii) of Section 2, performs or attempts to perform couching on a person with or without his consent, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Section 4 Offence to be cognizable and bailable

Notwithstanding anything in the Code of Criminal Procedure, 1898, an offence under this Act shall be cognizable and bailable.

Section 5 Cognizance of offences

(1) No Magistrate inferior to a Magistrate of the second class shall try any offence under this Act.

(2) No Magistrate shall take cognizance of any offence under this Act except,

(i) upon a complaint in writing made by the person on whom couching was performed or an attempt to perform couching was made; or

(ii) upon a report of a public officer not below the rank of a Sub Inspector; or

(iii) upon a report of any person or class of persons authorised by the State Government in this behalf.

(3) No Magistrate shall take cognizance of any offence under this Act, unless the prosecution is instituted within six months from the date on which the offence is alleged to have been committed.

Section 6 Repeal

The Andhra Pradesh (Andhra Area) Prevention of Couching Act, 1945 is hereby repealed.