CHAPTER II
APPOINTMENT OF SPECIAL JUDGES
Power to appoint special Judges. 3. (1) The Central Government or the State Government may, by notification in the Official Gazette, appoint as many special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely:—
- (a) any offence punishable under this Act; and
- (b) any conspiracy to commit or any attempt to commit or any abetment of any the offences specified in clause (a).
(2) A person shall not be qualified for appointment as a special Judge under this Act unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 19732 of 1974..
Cases triable by special Judges. 4. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 19732 of 1974., or in any other law for the time being in force, the offences specified in sub-section (1) of section 3 shall be tried by special Judges only.
(2) Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge for the area within which it was committed, or, as the case may be, by the special Judge appointed for the case, or where there are more special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government.
(3) When trying any case, a special Judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the Code of Criminal Procedure, 19732 of 1974., be charged at the same trial.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 19732 of 1974., a special Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.
Procedure and powers of special Judge. 5. (1) A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 19732 of 1974., for the trial of warrant cases by Magistrates.
(2) A special Judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole 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 sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure2 of 1974., 1973, be deemed to have been tendered under section 307 of that Code.
(3) Save as provided in sub-section (1), or sub-section (2), the provisions of the Code of Criminal Procedure, 19732 of 1974., shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Judge; and for the purposes of the said provisions, the Court of the special Judge shall be deemed to be a Court of Session, and the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor.
