GUJCTOC 9 — Procedure and powers of Special Court.

Gujarat Control of Terrorism & Org. Crime, 2015

Statutory text

(1) Subject to the provisions of section 22, a Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts.

(2) Where an offence triable by a Special Court is punishable with imprisonment for a term not exceeding three years or with fine or with both, the Special Court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code shall, as far as may be, apply to such trial:

Provided that where in the course of summary trial under this sub-section, it appears to the Special Court that the nature of the case is such that it is undesirable to try in a summary way, the Special Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner as provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to, a Special Court as they apply to and in relation to, a Magistrate:

Provided further that in case of any conviction in summary trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding two years.

(3) Subject to the other provisions of this Act, a Special Court shall, for the purpose of trial of any offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session so far as may be, in accordance with the procedure prescribed in the Code for the trial before a Court of Session.

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