11. Power of Central Government to 2
[designate Court of Session as] Special Courts.—(1) 3
[The
Central Government shall, in consultation with the Chief Justice of the High Court, by notification in the
Official Gazette, for the trial of Scheduled Offences, designate one or more Courts of Session as Special
Court] for such area or areas, or for such case or class or group of cases, as may be specified in the
notification.
4
[Explanation.—For the purposes of this sub-section, the expression “High Court” means the High
Court of the State in which a Court of Session to be designated as Special Court is functioning.]
(2) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the
Central Government whose decision in the matter shall be final.
5
* * * * *
(8) For the removal of doubts, it is hereby provided that the attainment, 6
[by the Sessions Judge of
the Court of Session referred to in sub-section (1)], of the age of superannuation under the rules
applicable to him in the service to which he belongs shall not affect his continuance as 7
[ judge of the
Special Court and the appointing authority in consultation with the Central Government] may by order
direct that he shall continue as judge until a specified date or until completion of the trial of the case or
cases before him 8
[, whichever is earlier].
1. Ins. by Act 16 of 2019, s. 5 (w.e.f. 2-8-2019).
2. Subs. by s. 6, ibid., for “constitute” (w.e.f. 2-8-2019).
3. Subs. by s. 6, ibid., for “The Central Government shall, by notification in the Official Gazette, for the trial of Scheduled
Offences, constitute one or more Special Courts” (w.e.f. 2-8-2019).
4. Ins. by s. 6, ibid. (w.e.f. 2-8-2019).
5. Sub-section (3), (4), (5), (6) and (7) omitted by s. 6, ibid. (w.e.f. 2-8-2019).
6. Subs. by s. 6, ibid., for “by a person appointed as a Judge or an additional Judge of a Special Court” (w.e.f. 2-8-2019).
7. Subs. by s. 6, ibid., for “such judge or additional judge and the Central Government” (w.e.f. 2-8-2019).
8. Subs. by s. 6, ibid., for “as may be specified in that order” (w.e.f. 2-8-2019).
6
1
[(9) When more than one Special Court is designated for an area or areas, the senior-most Judge shall
distribute the business among them.]
12. Place of sitting.—A Special Court may, on its own motion, or on an application made by the
Public Prosecutor and if it considers it expedient or desirable so to do, sit for any of its proceedings at any
place other than its ordinary place of sitting.
13. Jurisdiction of Special Courts.—(1) Notwithstanding anything contained in the Code, every
Scheduled Offence investigated by the Agency shall be tried only by the Special Court within whose local
jurisdiction it was committed.
(2) If, having regard to the exigencies of the situation prevailing in a State if,—
(a) it is not possible to have a fair, impartial or speedy trial; or
(b) it is not feasible to have the trial without occasioning the breach of peace or grave risk to the
safety of the accused, the witnesses, the Public Prosecutor or a judge of the Special Court or any of
them; or
(c) it is not otherwise in the interests of justice,
the Supreme Court may transfer any case pending before a Special Court to any other Special Court
within that State or in any other State and the High Court may transfer any case pending before a Special
Court situated in that State to any other Special Court within the State.
(3) The Supreme Court or the High Court, as the case may be, may act under this section either on the
application of the Central Government or a party interested and any such application shall be made by
motion, which shall, except when the applicant is the Attorney-General for India, be supported by an
affidavit or affirmation.
14. Powers of Special Courts with respect to other offences.—(1) When trying any offence, a
Special Court may also try any other offence with which the accused may, under the Code be charged, at
the same trial if the offence is connected with such other offence.
(2) If, in the course of any trial under this Act of any offence, it is found that the accused person has
committed any other offence under this Act or under any other law, the Special Court may convict such
person of such other offence and pass any sentence or award punishment authorised by this Act or, as the
case may be, under such other law.
15. Public Prosecutors.—(1) The Central Government shall appoint a person to be the Public
Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional
Public Prosecutors:
Provided that the Central Government may also appoint for any case or class or group of cases a
Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public
Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate
for not less than seven years or has held any post, for a period of not less than seven years, under the
Union or a State, requiring special knowledge of law.
(3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special
Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of
clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.
16. Procedure and powers of Special Courts.—(1) A Special Court may take cognizance of any
offence, without the accused being committed to it for trial, upon receiving a complaint of facts that
constitute such offence or upon a police report of such facts.
(2) Where an offence triable by a Special Court is punishable with imprisonment for a term not
exceeding three years or with fine or with both, the Special Court may, notwithstanding anything
1. Subs. by Act 16 of 2019, s. 6, for sub-section (9) (w.e.f. 2-8-2019).
7
contained in sub-section (1) of section 260 or section 262 of the Code, try the offence in a summary way
in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the
Code shall, so far as may be, apply to such trial:
Provided that when, 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 not desirable to try it in a summary way, the Special
Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the
manner provided by the provisions of the Code for the trial of such offence and the said provisions shall
apply to, and in relation to, a Special Court as they apply to and in relation to a Magistrate:
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 one year and with
fine which may extend to five lakh rupees.
(3) Subject to the other provisions of this Act, a Special Court shall, for the purpose of trial of any
offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of
Session so far as may be in accordance with the procedure prescribed in the Code for the trial before a
Court of Session.
(4) Subject to the other provisions of this Act, every case transferred to a Special Court under
sub-section (2) of section 13 shall be dealt with as if such case had been transferred under section 406 of
the Code to such Special Court.
(5) Notwithstanding anything contained in the Code, but subject to the provisions of section 299 of
the Code, a Special Court may, if it thinks fit and for reasons to be recorded by it, proceed with the trial in
the absence of the accused or his pleader and record the evidence of any witness, subject to the right of
the accused to recall the witness for cross-examination.
17. Protection of witnesses.—(1) Notwithstanding anything contained in the Code, the proceedings
under this Act may, for reasons to be recorded in writing, be held in camera if the Special Court so
desires.
(2) On an application made by a witness in any proceeding before it or by the Public Prosecutor in
relation to such witness or on its own motion, if the Special Court is satisfied that the life of such witness
is in danger, it may, for reasons to be recorded in writing, take such measures as it deems fit for keeping
the identity and address of such witness secret.
(3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the
measures which a Special Court may take under that sub-section may include—
(a) the holding of the proceedings at a place to be decided by the Special Court;
(b) the avoiding of the mention of the names and addresses of the witnesses in its orders or
judgments or in any records of the case accessible to public;
(c) the issuing of any directions for securing that the identity and address of the witnesses are not
disclosed; and
(d) a decision that it is in the public interest to order that all or any of the proceedings pending
before such a Court shall not be published in any manner.
(4) Any person who contravenes any decision or direction issued under sub-section (3) shall be
punishable with imprisonment for a term which may extend to three years and with fine which may
extend to one thousand rupees.
18. Sanction for prosecution.—No prosecution, suit or other legal proceedings shall be instituted in
any court of law, except with the previous sanction of the Central Government, against any member of the
Agency or any person acting on his behalf in respect of anything done or purported to be done in exercise
of the powers conferred by this Act.
19. Trial by Special Court to have precedence.—The trial under this Act of any offence by a
Special Court shall be held on day-to- day basis on all working days and have precedence over the trial of
any other case against the accused in any other court (not being a Special Court) and shall be concluded in
8
preference to the trial of such other case and accordingly the trial of such other case shall, if necessary,
remain in abeyance.
20. Power to transfer cases to regular courts.—Where, after taking cognizance of any offence, a
Special Court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has no
jurisdiction to try such offence, transfer the case for the trial of such offence to any court having
jurisdiction under the Code and the Court to which the case is transferred may proceed with the trial of
the offence as if it had taken cognizance of the offence.
21. Appeals.—(1) Notwithstanding anything contained in the Code, an appeal shall lie from any
judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both
on facts and on law.
(2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and
shall, as far as possible, be disposed of within a period of three months from the date of admission of the
appeal.
(3) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or
order including an interlocutory order of a Special Court.
(4) Notwithstanding anything contained in sub-section (3) of section 378 of the Code, an appeal shall
lie to the High Court against an order of the Special Court granting or refusing bail.
(5) Every appeal under this section shall be preferred within a period of thirty days from the date of
the judgment, sentence or order appealed from:
Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days
if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of
thirty days:
Provided further that no appeal shall be entertained after the expiry of period of ninety days.
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].