Bare Acts

CHAPTER IV PROCEDURE IN CRIMINAL CASES


18. Overriding effect of Act in criminal trial.— The provisions of this Act shall have effect
notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other
law, but save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not
inconsistent with the provisions of this Act, apply to the proceedings before a Gram Nyayalaya; and for
the purpose of the said provisions of the Code, the Gram Nyayalaya shall be deemed to be a Court of
Judicial Magistrate of the first class.
19. Gram Nyayalaya to follow summary trial procedure.— (1) Notwithstanding anything
contained in sub-section (1) of section 260 or sub-section (2) of section 262 of the Code of Criminal
Procedure, 1973 (2 of 1974) the Gram Nyayalaya shall try the offences in a summary way in accordance
with the procedure specified in Chapter XXI of the said Code and the provisions of sub-section (1) of
section 262 and sections 263 to 265 of the said Code, shall, so far as may be, apply to such trial.
(2) When, in the course of a summary trial, it appears to the Nyayadhikari that the nature of the case
is such that it is undesirable to try it summarily, the Nyayadhikari shall recall any witness who may have
been examined and proceed to re-hear the case in the manner provided under the Code of Criminal
Procedure, 1973 (2 of 1974).
20. Plea bargaining before Gram Nyayalaya.— A person accused of an offence may file an
application for plea bargaining in Gram Nyayalaya in which such offence is pending trial and the Gram
Nyayalaya shall dispose of the case in accordance with the provisions of Chapter XXIA of the Code of
Criminal Procedure, 1973 (2 of 1974).
21. Conduct of cases in Gram Nyayalaya and legal aid to parties.— (1) For the purpose of
conducting criminal cases in the Gram Nyayalaya on behalf of the Government, the provisions of section
25 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply.
(2) Notwithstanding anything contained in sub-section (1), in a criminal proceeding before the Gram
Nyayalaya, the complainant may engage an advocate of his choice at his expense to present the case of
prosecution with the leave of the Gram Nyayalaya.
(3) The State Legal Services Authority, constituted under section 6 of the Legal Services Authorities
Act, 1987 (39 of 1987) shall prepare a panel of advocates and assign at least two of them to be attached to
each Gram Nyayalaya so that their services may be provided by the Gram Nyayalaya to the accused
unable to engage an advocate.
22. Pronouncement of judgment.— (1) The judgment in every trial shall be pronounced by the
Nyayadhikari in open court immediately after the termination of the trial or at any subsequent time, not
exceeding fifteen days, of which notice shall be given to the parties.
(2) The Gram Nyayalaya shall deliver a copy of its judgment immediately to both the parties free of
cost.

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