West Bengal Special Courts Act, 1950
No: 10 Dated: Mar, 15 1950
THE WEST BENGAL SPECIAL COURTS ACT, 1950
West Bengal Act X of 1950
An Act to provide for the speedier trial of certain offences.
WHEREAS it is expedient to provide for the speedier trial of certain offences;
It is hereby enacted as follows :-
1. Short title, extent and commencement:- (1) This Act may be called the West Bengal Special Courts Act, 1950.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on the date on which the West Bengal Special Courts Ordinance, 1949 ceases to operate.
2. Definitions:- In this Act unless there is anything repugnant in the subject or context,—.
(a) "the Code" means the 'Code of Criminal Procedure, 1898;
(b) "Special Court" means a Special Court of criminal jurisdiction constituted under section 3.
3. Special Courts:- The State Government may, by notification in the Official Gazette, constitute Special Courts of criminal jurisdiction for such areas and to sit at such places as may be specified in, the notification and more than one Special Court may be constituted for the same area or to sit at the same place :
Provided that a Special Court may, if it is satisfied that it will tend to the general convenience of parties or witnesses in any particular case, sit for the trial of that case at a place other than the place so specified.
4. Special Judge:- The State Government may appoint as a Special Judge to preside over a Special Court any person who—
(a) is or has been, or is qualified under clause (2) of article 217 of the Constitution of India for appointment as, a Judge of a High Court, or
(b) has, for a period of not less than three years, been a Sessions Judge or an Additional Sessions Judge.
5. Matters to be tried by Special Courts:- (1) A Special Court shall try such offences or classes _of offences or cases or classes of cases, as the State Government may, by general or special order in writing, direct.
(2) No direction shall be made under sub-section (1) for the trial of an offence for which an accused person was being tried at the commencement of this Act before any Court. but, save as aforesaid, such direction may be made in respect of an offence, whether such offence was committed before or after the commencement of this Act:
6. Procedure of Special Courts:- (1) A Special Court may take cognizance of offences without the accused being committed to it for trial, and in trying accused persons shall follow the procedure prescribed by the Code for the trial of warrant cases by Magistrates:
Provided that for the purpose of sub-section (1) of section 356 of the Code, English shall be deemed to be the language of a Special Court and where under the provisions of that sub-section the evidence of witnesses is taken down in the presence and hearing and under the personal direction and superintendence of a Special Judge appointed under section 4 and not by such Special Judge himself, the provisions of sub-section (3) of section. 356 shall not apply.
(2) In matters not coming within the scope of sub-section (1),. the provisions, of- the Code, so far as they are not inconsistent with this Act, shall apply to the proceedings of a Special Court; and for the purposes of the said provisions a Special Court shall be deemed to be a Court of Session.
(3) A Special Court trying under this Act an offence may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, the offence, tender a pardon to such person. on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. Any pardon so tendered shall, for the purposes of sections 339-and 339A of - the Code, be deemed to have been tendered under section 3a8 of the Code.