(1) This Act may be called the 5[Tamil Nadu] Prevention of Couching Act, 1945.

(2) It extends to the whole of the 6[State of Tamil Nadu].

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 7[Tamil Nadu] Medical Registration Act, 1914 (Tamil Nadu Act IV of 1914.).

Whoever, not being a registered practitioner, or not possessing a qualification entitling him to be registered under the 8[Tamil Nadu] Medical Registration Act, 1914 (8[Tamil Nadu] Act IV of 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 extend to one thousand rupees or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 18989 (Central Act V of 1898.), an offence against this Act shall be cognizable and bailable and may be compounded with the permission of the Court.

(1) No Magistrate inferior to that of a Magistrate of the second class10 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 conching was made; or

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

(iii) upon the report of any person or class of persons authorised by the 11[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.

1. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2. For Statement of Objects and Reasons, sea Fort St. George Gazette, dated the 13th February, 1945, Part IV-A, page-4. This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960) repealing the corresponding law in force in that territory.

3. These words were substituted for the paragraph containing the enacting formula and the paragraph preceding that paragraph by section 5 of the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).

4. Received the assent of the Governor-General on the 19th June, 1945; first published in the Fort St. George Gazette on the 3rd July, 1945

5. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

6. This expression was substituted for the expression State of Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

7. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

8. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

9. See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

10. According to clause (b) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1st April, 1974, any reference to a Magistrate of the second class Shall be construed as a reference to a Judicial Magistrate of the second class.

11. This word was substituted for the word Provincial by the Adaptation Order of 1950.