Procedure and Powers of the Special Court

In one line

The Special Court takes cognizance without committal, may try small cases summarily, may tender a pardon, takes precedence over every other trial of the same accused, and its judgments are appealable to the High Court within thirty days.

In the wording a student can write in an exam: by section 9(1) of the Maharashtra Control of Organised Crime Act, 1999 a Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts.

The provisions themselves

Section 9(1), cognizance without committal. As set out above. Under the ordinary law a case triable by a court of session reaches it only after committal by a Magistrate. That stage is removed.

Section 9(2), summary trial. Where an offence triable by the Special Court is punishable with imprisonment not exceeding three years, or with fine, or with both, the Court may, notwithstanding sections 260(1) and 262 of the Code, try it summarily under the Code's summary procedure, and sections 263 to 265 of the Code apply.

The first proviso. If in the course of a summary trial it appears that the case is such that it is undesirable to try it summarily, the Court shall recall any witnesses already examined and re-hear the case under the ordinary provisions.

The second proviso. On a conviction in a summary trial under this section, the Special Court may pass a sentence of imprisonment for a term not exceeding two years.

Section 9(3), pardon to an approver. The Special Court may, with a view to obtaining the evidence of a person supposed to have been directly or indirectly concerned in or privy to an offence, tender a pardon 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. A pardon so tendered is deemed, for the purposes of section 308 of the Code, to have been tendered under section 307.

Section 10, precedence. The trial of an offence under the Act by a Special Court has precedence over the trial of any other case against the accused in any other Court that is not a Special Court, shall be concluded in preference to those trials, and those other trials remain in abeyance.

Section 11, transfer to a regular court. Where, after taking cognizance, a Special Court is of opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try that offence, transfer the case to a Court having jurisdiction under the Code, and that Court may proceed as if it had itself taken cognizance.