13. Constitution of Special Tribunals.—(1) The State Government may, for the whole or any part of
the State, constitute one or more Special Tribunals which or each of which shall consist of three members
appointed by that Government.
(2) No person shall be appointed as a member of a Special Tribunal unless he—
(a) is qualified under clause (2) of article 217 of the Constitution for appointment as a Judge of a
High Court; or
(b) has for a total period of not less than three years exercised, whether continuously or not, the
powers under the Code of Criminal Procedure, 1898 (5 of 1898) (hereafter in this Chapter referred to
as the Code) of any one or more of the following, namely:—
(i) Sessions Judge, Additional Sessions Judge, Chief Presidency Magistrate, Additional Chief
Presidency Magistrate,
(ii) District Magistrate, Additional District Magistrate.
(3) At least one member of a Special Tribunal shall be qualified for appointment thereto under
clause (a) of sub-section (2), and where only one member is so qualified under that clause, at least one
other member shall be qualified for appointment under clause (b) of that sub-section by virtue of having
exercised powers exclusive of those specified in sub-clause (ii) of the said clause (b).
14. Jurisdiction of Special Tribunals.—During the period during which the Proclamation of
Emergency is in operation, the State Government may, by general or special order, direct that a Special
Tribunal shall try any offence—
(a) under any rule made under section 3, or
(b) punishable with death, imprisonment for life or imprisonment for a term which may extend to
ten years under section 5 of this Act or under sub-section (4) of section 5 of the Indian Official
Secrets Act, 1923 (19 of 1923), as amended by section 6 of this Act,
triable by any court having jurisdiction within the local limits of the jurisdiction of the Special Tribunal
and may in any such order direct the transfer to the Special Tribunal of any particular case from any other
Special Tribunal or any other criminal court not being a High Court.
15. Procedure of Special Tribunals.—(1) A Special Tribunal may take cognizance of offences
without the accused being committed to it for trial.
(2) Save in cases of trials of offences punishable with death or imprisonment for life or imprisonment
for a term which may extend to five years or more, it shall not be necessary in any trial for a Special
Tribunal to take down the evidence at length in writing, but the Special Tribunal shall cause a
memorandum of the substance of what each witness deposes, to be taken down, and such memorandum
shall be signed by a member of the Special Tribunal and shall form part of the record.
(3) A Special Tribunal shall not be bound to adjourn any trial for any purpose unless such
adjournment is, in its opinion, necessary in the interests of justice.
(4) A Special Tribunal shall not, merely by reason of a change in its members, be bound to recall and
to re-hear any witness who has given evidence, and it may act on the evidence already recorded by or
produced before it.
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(5) After an accused person has once appeared before it, a Special Tribunal may try him in his
absence if, in its opinion, his absence has been brought about by the accused himself for the purpose of
impeding the course of justice, or if the behaviour of the accused in court has been such as, in the opinion
of the Special Tribunal, to impede the course of justice.
(6) In the event of any difference of opinion among the members of a Special Tribunal, the opinion of
the majority shall prevail.
(7) The State Government may, by notification in the Official Gazette, make rules providing for—
(i) the times and places at which Special Tribunals may sit; and
(ii) the procedure to be adopted in the event of any member of a Special Tribunal being prevented
from attending throughout the trial of any accused person.
(8) A Special Tribunal shall, in all matters in respect to which no procedure has been prescribed by
this Act or by rules made thereunder, follow the procedure prescribed by the Code for the trial of warrant
cases by Magistrates.
16. Exclusion of public from proceedings of Special Tribunals.—In addition, and without
prejudice, to any powers which a Special Tribunal may possess by virtue of any law for the time being in
force to order the exclusion of the public from any proceedings, if at any stage in the course of a trial of
any person before a Special Tribunal, application is made by the prosecution, on the ground that the
publication of any evidence to be given or of any statement to be made in the course of the trial would be
prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part
of the hearing, the Special Tribunal may make an order to that effect, but the passing of the sentence shall
in any case take place in public.
17. Power of Special Tribunals.—A Special Tribunal shall have all the powers conferred by the
Code on a Court of Session exercising original jurisdiction.
18. Sentences of Special Tribunals.—(1) A Special Tribunal may pass any sentence authorised by
law.
(2) A person sentenced by a Special Tribunal—
(a) to death or imprisonment for life, or
(b) to imprisonment for a term of five years or more, under this Act or the rules made thereunder
or under sub-section (4) of section 5 of the Indian Official Secrets Act, 1923 (19 of 1923), as
amended by section 6 of this Act,
shall have a right of appeal to the High Court within whose jurisdiction the sentence has been passed, but
save as aforesaid and notwithstanding the provisions of the Code, or of any other law for the time being in
force, or of anything having the force of law by whatsoever authority made or done, there shall be no
appeal from any order or sentence of a Special Tribunal, and no court shall have authority to revise such
order or sentence, or to transfer any case from a Special Tribunal, or to make any order under section 491
of the Code, or have any jurisdiction of any kind in respect of any proceedings of a Special Tribunal.
(3) The powers conferred upon the appropriate Government by Chapter XXIX of the Code shall apply
in respect of a person sentenced by a Special Tribunal.