PART – XV
Special Courts
Constitution of
Special Courts.
153.
- The State Government may, for the purposes of providing speedy trial
of offences referred to in sections 135 to 139, by notification in the
Official Gazette, constitute as many Special Courts as may be necessary
for such area or areas, as may be specified in the notification.
- A Special Court shall consist of a single Judge who shall be appointed
by the State Government with the concurrence of the High Court.
- A person shall not be qualified for appointment as a Judge of a Special
Court unless he was, immediately before such appointment, an Additional
District and Sessions Judge.
- Where the office of the Judge of a Special Court is vacant, or such
Judge is absent from the ordinary place of sitting of such Special Court,
or he is incapacitated by illness or otherwise for the performance of
his duties, any urgent business in the Special Court shall be disposed
of –
- by a Judge, if any, exercising jurisdiction in the Special Court;
- where there is no such other Judge available, in accordance with
the direction of District and Sessions Judge having jurisdiction over
the ordinary place of sitting of Special Court, as notified under
sub- section(1).
Procedure and
power of
Special Court.
154.
- otwithstanding anything contained in the Code of Criminal Procedure,
1973, every offence punishable under sections 135 to 139 shall be triable
only by the Special Court within whose jurisdiction such offence has
been committed.
- Where it appears to any court in the course of any inquiry or trial
that an offence punishable under sections 135 to 139 in respect of any
offence that the case is one which is triable by a Special Court constituted
under this Act for the area in which such case has arisen, it shall
transfer such case to such Special Court, and thereupon such case shall
be tried and disposed of by such Special Court in accordance with the
provisions of this Act : Provided that it shall be lawful for such Special
Court to act on the evidence, if any, recorded by any court in the case
of presence of the accused before the transfer of the case to any Special
Court : Provided further that if such Special Court is of opinion that
further examination, cross-examination and re-examination of any of
the witnesses whose evidence has already been recorded, is required
in the interest of justice, it may resummon any such witness and after
such further examination, cross-examination or re-examination, if any,
as it may permit, the witness shall be discharged.
- The Special Court may, notwithstanding anything contained in subsection
(1) of section 260 or section 262 of the Code of Criminal Procedure,
1973, try the offence referred to in sections 135 to 139 in a summary
way in accordance with the procedure prescribed in the said Code and
the provisions of sections 263 to 265 of the said Code shall, so far
as may be, apply to such trial : Provided that where in the course of
a summary trial under this subsection, it appears to the Special Court
that the nature of the case is such that it is undesirable to try such
case in summary way, the Special Court shall recall any witness who
may have been examined and proceed to re-hear the case in the manner
provided by the provisions of the said Code for the trial of such offence:
Provided further that in the case of any conviction in a summary trial
under this section, it shall be lawful for a Special Court to pass a
sentence of imprisonment for a term not exceeding five years.
- A Special Court may, with a view to obtaining the evidence of any
person supposed to have been directly or indirectly concerned in or
privy to, any offence tender pardon to such person on condition of his
making a full and true disclosure of the circumstances within his knowledge
relating to the offence and to every other person concerned whether
as principal or abettor in the commission thereof, and any pardon so
tendered shall , for the purposes of section 308 of the Code of Criminal
Procedure,1973, be deemed to have been tendered under section 307 thereof.
- The Special Court may determine the civil liability against a consumer
or a person in terms of money for theft of energy which shall not be
less than an amount equivalent to two times of the tariff rate applicable
for a period of twelve months preceding the date of detection of theft
of energy or the exact period of theft if determined which ever is less
and the amount of civil liability so determined shall be recovered as
if it were a decree of civil court.
- In case the civil liability so determined finally by the Special
Court is less than the amount deposited by the consumer or the person,
the excess amount so deposited by the consumer or the person, to the
Board or licensee or the concerned person, as the case may be, shall
be refunded by the Board or licensee or the concerned person, as the
case may be, within a fortnight from the date of communication of the
order of the Special Court together with interest at the prevailing
Reserve Bank of India prime lending rate for the period from the date
of such deposit till the date of payment. 2 of 1974
Explanation
. - For the purposes of this section, “ civil liability” means loss or
damage incurred by the Board or licensee or the concerned person, as the
case may be, due to the commission of an offence referred to in sections
135 to 139. 2 of 1974. 155.
Save as otherwise provided in this Act, the Code of Criminal Procedure,
1973, in so far as they are not inconsistent with the provisions of this
Act, shall apply to the proceedings before the Special Court and for the
purpose of the provisions of the said enactments, the Special Court shall
be deemed to be a Court of Session and shall have all powers of a Court
of Session and the person conducting a prosecution before the Special
Court shall be deemed to be a Public Prosecutor. Special Court
to have powers of court of session 2 of 1974.
156.
The High Court may exercise, so far as may be applicable, all the powers
conferred by Chapters XXIX and XXX of the Code of Criminal Procedure,
1973, as if the Special Court within the local limits of the jurisdiction
of the High Court is a District Court, or as the case may be , the Court
of Session , trying cases within the local limits of jurisdiction of the
High Court. Appeal and revision.
157.
The Special Court may , on a petition or otherwise and in order to prevent
miscarriage of justice, review its judgment or order passed under section 154, but
no such review petition shall be entertained except on the ground that it was such
order passed under a mistake of fact, ignorance of any material fact or any error
apparent on the face of the record :
Provided that the Special Court shall not allow any review petition and set
aside its previous order or judgment without hearing the parties affected.
Explanation.- For the purpose of this Part, "Special Courts" means the Special
Courts constituted under sub-section (1) of section 153.
Review.
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