153. Constitution of Special Courts.—(1) The State Government may, for the purposes of providing
speedy trial of offences referred to in 1
[sections 135 to 140 and section 150], by notification in the
Official Gazette, constitute as many Special Courts as may be necessary for such area or areas, as may be
specified in the notification.
(2) A Special Court shall consist of a single Judge who shall be appointed by the State Government
with the concurrence of the High Court.
(3) A person shall not be qualified for appointment as a Judge of a Special Court unless he was,
immediately before such appointment, an Additional District and Sessions Judge.
(4) Where the office of the Judge of a Special Court is vacant, or such Judge is absent from the
ordinary place of sitting of such Special Court, or he is incapacitated by illness or otherwise for the
performance of his duties, any urgent business in the Special Court shall be disposed of–
(a) by a Judge, if any, exercising jurisdiction in the Special Court;
1. Subs. by Act 26 of 2007, s. 17, for “sections 135 to 139” (w.e.f. 15-6-2007).
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(b) where there is no such other Judge available, in accordance with the direction of District and Sessions
Judge having jurisdiction over the ordinary place of sitting of Special Court, as notified under sub-section (1).
STATE AMENDMENT
Maharashtra
Amendment of section 153 of Act (36 of 2003).—In section 153 of the principal Act, after sub-section (4), the
following sub-section shall be added, namely:—
“(5) Where no Special Court for any area or areas has been constituted under sub-section (1), one or more
Additional District and Sessions Judges, as may be designated by the High Court, for such area or areas, from time
to time, shall exercise the powers of the Special Court under this Act and any Judge so designated shall be deemed
to be a special Court for the purposes of this Act.”
[Vide Maharashtra Act 36 of 2005, s. 3]
154. Procedure and power of Special Court.—(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), every offence punishable under 1
[sections 135 to 140 and section 150] shall
be triable only by the Special Court within whose jurisdiction such offence has been committed.
(2) Where it appears to any court in the course of any inquiry or trial that an offence punishable under 1
[sections
135 to 140 and section 150] in respect of any offence that the case is one which is triable by a Special Court
constituted under this Act for the area in which such case has arisen, it shall transfer such case to such Special Court,
and thereupon such case shall be tried and disposed of by such Special Court in accordance with the provisions of
this Act:
Provided that it shall be lawful for such Special Court to act on the evidence, if any, recorded by any court in
the case of presence of the accused before the transfer of the case to any Special Court:
Provided further that if such Special Court is of opinion that further examination, cross-examination and reexamination of any of the witnesses whose evidence has already been recorded, is required in the interest of justice,
it may re-summon any such witness and after such further examination, cross- examination or re-examination, if
any, as it may permit, the witness shall be discharged.
(3) The Special Court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262
of the Code of Criminal Procedure, 1973 (2 of 1974), try the offence referred to in 1
[sections 135 to 140 and section
150] in a summary way in accordance with the procedure prescribed in the said Code and the provisions of sections
263 to 265 of the said Code shall, so far as may be, apply to such trial:
Provided that where in the course of a summary trial under this sub-section, it appears to the Special Court that
the nature of the case is such that it is undesirable to try such case in summary way, the Special Court shall recall
any witness who may have been examined and proceed to re-hear the case in the manner provided by the provisions
of the said Code for the trial of such offence:
Provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a
Special Court to pass a sentence of imprisonment for a term not exceeding five years.
(4) A Special Court may, with a view to obtaining the evidence of any person supposed to have been directly or
indirectly concerned in or privy to, any offence tender pardon to such person on condition of his making a full and
true disclosure of the circumstances within his knowledge relating to the offence and to every other
person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered
shall, for the purposes of section 308 of the Code of Criminal Procedure, 1973 (2 of 1974), be deemed to
have been tendered under section 307 thereof.
(5) The 2
[Special Court shall] determine the civil liability against a consumer or a person in terms of
money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate
applicable for a period of twelve months preceding the date of detection of theft of energy or the exact
period of theft if determined whichever is less and the amount of civil liability so determined shall be
recovered as if it were a decree of civil court.
1. Subs. by Act 26 of 2007, s. 18, for “sections 135 to 139” (w.e.f. 15-6-2007).
2. Subs. by s. 18, ibid., for “Special Court may” (w.e.f. 15-6-2007).
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(6) In case the civil liability so determined finally by the Special Court is less than the amount deposited
by the consumer or the person, the excess amount so deposited by the consumer or the person, to the Board or
licensee or the concerned person, as the case may be, shall be refunded by the Board or licensee or the
concerned person, as the case may be, within a fortnight from the date of communication of the order of the
Special Court together with interest at the prevailing Reserve Bank of India prime lending rate for the period
from the date of such deposit till the date of payment.
Explanation.–For the purposes of this section, “civil liability” means loss or damage incurred by the Board
or licensee or the concerned person, as the case may be, due to the commission of an offence referred to in
1
[sections 135 to 140 and section 150.]
STATE AMENDMENT
Maharashtra
Amendment of section 154 of Act 36 of 2003.—In section 154 of the principal Act, for sub-section (1),
the following sub-section shall be substituted, namely: —
“(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), —
(a) every Special Court may take cognizance of an offence without the accused being committed to it
for trial; and
(b) every offence punishable under sections 135 to 139 shall be triable only by the Special Court
within whose jurisdiction such offence has been committed.”
[Vide Maharashtra Act 36 of 2005, s. 4]
155. Special Court to have powers of Court of Session.—Save as otherwise provided in this Act, the
Code of Criminal Procedure, 1973 (2 of 1974), in so far as they are not inconsistent with the provisions of this
Act, shall apply to the proceedings before the Special Court and for the purpose of the provisions of the said
enactments, the Special Court shall be deemed to be a Court of Session and shall have all powers of a Court of
Session and the person conducting a prosecution before the Special Court shall be deemed to be a Public
Prosecutor.
156. Appeal and revision.—The High Court may exercise, so far as may be applicable, all the powers
conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974), as if the Special
Court within the local limits of the jurisdiction of the High Court is a District Court, or as the case may be, the
Court of Session, trying cases within the local limits of jurisdiction of the High Court.
157. Review.—The Special Court may, on a petition or otherwise and in order to prevent miscarriage of
justice, review its judgment or order passed under section 154, but no such review petition shall be entertained
except on the ground that it was such order passed under a mistake of fact, ignorance of any material fact or
any error apparent on the face of the record:
Provided that the Special Court shall not allow any review petition and set aside its previous order or
judgment without hearing the parties affected.
Explanation.—For the purposes of this Part, “Special Courts” means the Special Courts constituted under
sub-section (1) of section 153.