MADRAS PREVENTION OF COUCHING ACT, 1945

12 OF 1945

An Act to prevent couching by unqualified persons. WHEREAS it is expedient to prevent couching by unqualified persons; It is hereby enacted as follows:-

SECTION 1:  Short title and extent

(1) This Act may be called the Madras Prevention of Couching Act, 1945.

(2) It extends to the whole of the State of Madras.

SECTION 2:  Definitions

In this Act (i) "couching", means the operative displacement by the use of a needle or other instrument, of the opaque crystalline lens of the eye so as to cause it to be below the axis of vision;

(ii) "registered practitioner" means a person registered under the Madras Medical Registration Act, 1914.

SECTION 3:  Penalty for unlawful couching

Whoever, not being a registered practitioner, or not possessing a qualification entitling him to be registered under the Madras Medical Registration Act, 1914, performs or attempts to perform couching on a person whether with or without his consent, or agrees to perform couching on a person, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extends to one thousand rupees or with both.

SECTION 4:  Offences to be cognizable, bailable and compoundable

Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence against this Act shall be cognizable and bailable and may be compounded with the permission of the Court

SECTION 5:  Cognizance of offences

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

(2) No Magistrate shall take cognizance of any offence against this Act except-

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

(ii) upon the port of a Police Officer not below the rank of Sub-Inspector; or

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

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