Lawgist11Power of Central Government to designate Court of Session as Special Courts
11. Power of Central Government to 1[designate Court of Session as] Special Courts.-- (1) 2[The Central Government shall, in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, for the trial of Scheduled Offences, designate one or more Courts of Session as Special Court] for such area or areas, or for such case or class or group of cases, as may be specified in the notification.
3[Explanation.-- For the purposes of this sub-section, the expression "High Court" means the High Court of the State in which a Court of Session to be designated as Special Court is functioning.]
(2) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the Central Government whose decision in the matter shall be final.
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(8) For the removal of doubts, it is hereby provided that the attainment, 5[by the Sessions Judge of the Court of Session referred to in sub-section (1)], of the age of superannuation under the rules applicable to him in the service to which he belongs shall not affect his continuance as 6[ judge of the Special Court and the appointing authority in consultation with the Central Government] may by order direct that he shall continue as judge until a specified date or until completion of the trial of the case or cases before him 7[,whichever is earlier].
8[(9) When more than one Special Court is designated for an area or areas, the senior-most Judge shall distribute the business among them.]
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1. Subs. by s. 6, ibid., for "constitute" (w.e.f. 2-8-2019).
2. Subs. by s. 6, ibid., for "The Central Government shall, by notification in the Official Gazette, for the trial of Scheduled Offences, constitute one or more Special Courts" (w.e.f. 2-8-2019).
3. Ins. by s. 6, ibid. (w.e.f. 2-8-2019).
4. Sub-section (3), (4), (5), (6) and (7) omitted by s. 6, ibid. (w.e.f. 2-8-2019).
5. Subs. by s. 6, ibid., for "by a person appointed as a Judge or an additional Judge of a Special Court" (w.e.f. 2-8-2019).
6. Subs. by s. 6, ibid., for "such judge or additional judge and the Central Government" (w.e.f. 2-8-2019).
7. Subs. by s. 6, ibid., for "as may be specified in that order" (w.e.f. 2-8-2019).
8. Subs. by Act 16 of 2019, s. 6, for sub-section (9) (w.e.f. 2-8-2019).
- 1 Short title, extent and application
- 2 Definitions
- 3 Constitution of National Investigation Agency
- 4 Superintendence of National Investigation Agency
- 5 Manner of constitution of Agency and conditions of service of members
- 6 Investigation of Scheduled Offences
- 7 Power to transfer investigation to State Government
- 8 Power to investigate connected offences
- 9 State Government to extend assistance to National Investigation Agency
- 10 Power of State Government to investigate Scheduled Offences
- 11 Power of Central Government to designate Court of Session as Special Courts
- 12 Place of sitting
- 13 Jurisdiction of Special Courts
- 14 Powers of Special Courts with respect to other offences
- 15 Public Prosecutors
- 16 Procedure and powers of Special Courts
- 17 Protection of witnesses
- 18 Sanction for prosecution
- 19 Trial by Special Court to have precedence
- 20 Power to transfer cases to regular courts
- 21 Appeals
- 22 Power of State Government to designate Court of Session as Special Courts
- 23 Power of High Courts to make rules
- 24 Power to remove difficulties
- 25 Power to make rules
- 26 Laying of rules
