Lawgist13Jurisdiction of Special Courts
(1) Notwithstanding anything contained in the Code, every Scheduled Offence investigated by the Agency shall be tried only by the Special Court within whose local jurisdiction it was committed.
(2) If, having regard to the exigencies of the situation prevailing in a State if,—
(a) it is not possible to have a fair, impartial or speedy trial; or
(b) it is not feasible to have the trial without occasioning the breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor or a judge of the Special Court or any of them; or
(c) it is not otherwise in the interests of justice,
the Supreme Court may transfer any case pending before a Special Court to any other Special Court within that State or in any other State and the High Court may transfer any case pending before a Special Court situated in that State to any other Special Court within the State.
(3) The Supreme Court or the High Court, as the case may be, may act under this section either on the application of the Central Government or a party interested and any such application shall be made by motion, which shall, except when the applicant is the Attorney-General for India, be supported by an affidavit or affirmation.
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- 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
