22Power of State Government to designate Court of Session as Special Courts
22. Power of State Government to 1[designate Court of Session as] Special Courts.-- (1) The State Government may 2[designate one or more Courts of Session as] Special Courts for the trial of offences under any or all the enactments specified in the Schedule.
(2) The provisions of this Chapter shall apply to the Special Courts 3[designated] by the State Government under sub-section (1) and shall have effect subject to the following modifications, namely--
(i) references to "Central Government" in sections 11 and 15 shall be construed as references to State Government;
(ii) reference to "Agency" in sub-section (1) of section 13 shall be construed as a reference to the “investigation agency of the State Government";
(iii) reference to “Attorney-General for India” in sub-section (3) of section 13 shall be construed as reference to "Advocate-General of the State".
(3) The jurisdiction conferred by this Act on a Special Court shall, until a Special Court is 3[designated] by the State Government under sub-section (1) in the case of any offence punishable under this Act, notwithstanding anything contained in the Code, be exercised by the Court of Session of the division in which such offence has been committed and it shall have all the powers and follow the procedure provided under this Chapter.
(4) On and from the date when the Special Court is 3[designated] by the State Government the trial of any offence investigated by the State Government under the provisions of this Act, which would have been required to be held before the Special Court, shall stand transferred to that Court on the date on which it is 3[designated].
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 16 of 2019, s. 7, for "constitute" (w.e.f. 2-8-2019).
2. Subs. by s. 7, ibid., for "constitute one or more" (w.e.f. 2-8-2019).
3. Subs. by s. 7, ibid., for "constituted" (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