PART – XV
Constitution of Special Courts.
Procedure and power of Special Court.
- 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
- 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).
- 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
. - 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.
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.
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.
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.