Transfer, Appeal and Transitional Provisions

In one line

A Special Court that finds an offence is not triable by it transfers the case to the ordinary court, an appeal from a Special Court goes only to the High Court, on facts and law, before a bench of two judges, within thirty days, and until a Special Court is constituted the Court of Session does the work.

In the wording a student can write in an exam: by section 34(1) of the Prevention of Terrorism Act, 2002 an appeal shall lie from any judgment, sentence or order of a Special Court, not being an interlocutory order, to the High Court both on facts and on law, and by section 34(3) no appeal or revision lies to any other court from any judgment, sentence or order of a Special Court including an interlocutory order.

Why these three sections belong together

They are what happens at the edges of the Special Court. Section 33 is the way out downwards, to the ordinary court, when the Special Court has taken cognizance of something it cannot try. Section 34 is the way out upwards, to the High Court. Section 35 is what happens before a Special Court exists at all.

The provisions themselves

Section 33, 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 trial to any court having jurisdiction under the Code, and the court to which the case is transferred may proceed with the trial as if it had taken cognizance of the offence.

Section 34(1), appeal. 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. The Explanation: "High Court" means the High Court within whose jurisdiction the Special Court which passed the judgment, sentence or order is situated.

Section 34(2), the bench. Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court.

Section 34(3), the bar. Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order of a Special Court, including an interlocutory order.

Section 34(4), bail. Notwithstanding section 378(3) of the Code, an appeal shall lie to the High Court against an order of the Special Court granting or refusing bail.

Section 34(5), limitation. Every appeal shall be preferred within thirty days of the judgment, sentence or order appealed from. The proviso: the High Court may entertain an appeal after that period if satisfied that the appellant had sufficient cause for not preferring it in time.