4Establishment of Special Courts
(1) For the purpose of providing for speedy trial of scheduled offences committed in a judicial zone, the Central Government may establish, by notification, a Special Court in relation to such judicial zone—
(a) within such judicial zone; or
(b) if the Central Government having regard to the exigencies of the situation in such judicial zone considers it expedient so to do, at any place outside such judicial zone but within the State in which such judicial zone is situated.
(2) Notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of the situation prevailing in a State, the State Government is of the opinion that it is expedient to establish in relation to a judicial zone, or in relation to two or more judicial zones, in the State, an Additional Special Court outside the State, for the trial of such scheduled offences committed in the judicial zone or judicial zones, the trial whereof within the State—
(a) is not likely to be fair or impartial or completed with utmost dispatch; or
(b) is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor and the Judge or any of them; or
(c) is not otherwise in the interests of justice,
the State Government may request the Central Government to establish in relation to such judicial zone or judicial zones an Additional Special Court outside the State and thereupon the Central Government may, after taking into account the information furnished by the State Government and making such inquiry, if any, as it may deem fit, establish, by notification, such Additional Special Court at such place outside the State as may be specified in the notification.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Declaration of terrorist affected area
- 4 Establishment of Special Courts
- 5 Composition and appointment of Judges of Special Courts
- 6 Place of sitting
- 7 Jurisdiction of Special Court
- 8 Powers of Special Courts with respect to other offences
- 9 Public Prosecutors
- 10 Procedure and powers of Special Courts
- 11 Power of Supreme Court to transfer case
- 12 Protection of witnesses
- 13 Power to transfer cases to regular courts
- 14 Appeal
- 15 Modified application of certain provisions of the Code
- 15A Abolition of certain Special Courts
- 16 Overriding effect of Act
- 17 Delegation
- 18 Power to make rules
- 19 Saving
- 20 Amendment of Act 1 of 1872
- 21 Repeal and saving