The commissions for protection of child rights act, 2005
(1) This Act may be called the Commissions for
Protection of Child Rights Act, 2005.
((2) It extends to the whole of India 1***.
(3) It shall come into force on such date2
as the Central Government may, by notification in the
Official Gazette, appoint.
In this Act, unless the context otherwise requires,--
(a) "Chairperson" means the Chairperson of the Commission or of the State Commission, as
the case may be;
(b) "child rights" includes the children's rights adopted in the United Nations convention on
the Rights of the Child on the 20th November, 1989 and ratified by the Government of India on
the 11th December, 1992;
(c) "Commission" means the National Commission for Protection of Child Rights constituted
under section 3;
(d) "Member" means a Member of the Commission or of the State Commission, as the case
(1) The Central
Government shall, by notification, constitute a body to be known as the National Commission for
Protection of Child Rights to exercise the powers conferred on, and to perform the functions assigned
to it, under this Act.
(2) The Commission shall consist of the following Members, namely:--
(a) a Chairperson who is a person of eminence and has done outstanding work for promoting
the welfare of children; and
(b) six Members, out of which at least two shall be women, from the following fields, to be
appointed by the Central Government from amongst persons of eminence, ability, integrity,
standing and experience in,--
The Central Government shall, by
notification, appoint the Chairperson and other Members:
Provided that the Chairperson shall be appointed on the recommendation of a three member
Selection Committee constituted by the Central Government under the Chairmanship of the 1
[Minister
in-charge of the Ministry or the Department of Women and Child Development].
(1) The
Chairperson and every Member shall hold office as such for a term of three years from the date on
which he assumes office:
Provided that no Chairperson or a Member shall hold the office for more than two terms:
Provided further that no Chairperson or any other Member shall hold office as such after he has
attained--
(a) in the case of the Chairperson, the age of sixty-five years; and
(b) in the case of a Member, the age of sixty years.
(2) The Chairperson or a Member may, by writing under his hand addressed to the Central
The salary and allowances payable
to, and other terms and conditions of service of, the Chairperson and Members, shall be such as may
be prescribed by the Central Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of
the Chairperson or a Member, as the case may be, shall be varied to his disadvantage after his
appointment.
(1) Subject to the provisions of sub-section (2), the Chairperson may
be removed from his office by an order of the Central Government on the ground of proved
misbehaviour or incapacity.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may by order
remove from office the Chairperson or any other Member, if the Chairperson or, as the case may be,
such other Member,--
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office;
or
(c) refuses to act or becomes incapable of acting; or
(1) If the Chairperson or, as the case may
be, a Member,--
(a) becomes subject to any of the disqualifications mentioned in section 7; or
(b) tenders his resignation under sub-section (2) of section 5,
his seat shall thereupon become vacant.
(2) If a casual vacancy occurs in the office of the Chairperson or a Member, whether by reason of
his death, resignation or otherwise, such vacancy shall be filled within a period of ninety days by
making afresh appointment in accordance with the provisions of section 4and the person so appointed
shall hold office for the remainder of the term of office for which the Chairperson, or a Member, as
the case may be, in whose place he
No act or proceeding of the
Commission shall be invalid merely by reason of--
(a) any vacancy in, or any defect in the constitution of, the Commission; or
(b) any defect in the appointment of a person as the Chairperson or a Member; or
(c) any irregularity in the procedure of the Commission not affecting the merits of the case
(1) The Commission shall meet regularly at its
office at such time as the Chairperson thinks fit, but three months shall not intervene between its last
and the next meeting.
(2) All decisions at a meeting shall be taken by majority:
Provided that in the case of equality of votes, the Chairperson, or in his absence the person
presiding, shall have and exercise a second or casting vote.
(3) If for any reason, the Chairperson, is unable to attend the meeting of the Commission, any
Member chosen by the Members present from amongst themselves at the meeting, shall preside.
(4) The Commission shall observe such rules of procedure in the transaction of its business at a
meeting, includin
(1) The Central
Government shall, by notification, appoint an officer not below the rank of the Joint Secretary or the
Additional Secretary to the Government of India as a Member-Secretary of the Commission and shall
make available to the Commission such other officers and employees as may be necessary for the
efficient performance of its functions.
(2) The Member-Secretary shall be responsible for the proper administration of the affairs of the
Commission and its day-to-day management and shall exercise and discharge such other powers and
perform such other duties as may be prescribed by the Central Government.
(3) The salary and allowances payable to, and the other terms and conditions of service of the
Member-Secretary, other officers and employees, appointed for the purpose of the Commission shall
be such as may be prescribed
The salaries and allowances payable to
the Chairperson and Members and the administrative expenses, including salaries, allowances and
pensions payable to the Member-Secretary, other officers and employees referred to in section 11,
shall be paid out of the grants referred to in sub-section (1) of section 27.
(1) The Commission shall perform all or any of the following
functions, namely:--
(a) examine and review the safeguards provided by or under any law for the time being in
force for the protection of child rights and recommend measures for their effective
implementation;
(b) present to the Central Government, annually and at such other intervals, as the
Commission may deem fit, reports upon the working of those safeguards;
(c) inquire into violation of child rights and recommend initiation of proceedings in such
cases;
(d) examine all factors that inhibit the
(1) The Commission shall, while inquiring into any matter
referred to in clause (j) of sub-section (1) of section 13 have all the powers of a civil court trying a suit
under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of the following
matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office; and
The Commission may take any of the following steps upon the
completion of an inquiry held under this Act, namely:--
(i) where the inquiry discloses, the Commission of violation of child rights of a serious nature
or contravention of provisions of any law for the time being in force, it may recommend to the
concerned Government or authority the initiation of proceedings for prosecution or such other
action as the Commission may deem fit against the concerned person or persons;
(ii) approach the Supreme Court or the High Court concerned for such directions, orders or
writs as that Court may deem necessary;
(iii) recommend to the concerned Government or autho
(1) The Commission shall submit an annual
report to the Central Government and to the State Government concerned and may at any time submit
special reports on any matter which, in its opinion, is of such urgency or importance that it should not
be deferred till submission of the annual report.
(2) The Central Government and the State Government concerned, as the case maybe, shall cause
the annual and special reports of the Commission to be laid before each House of Parliament or the
State Legislature respectively, as the case may be, along with a memorandum of action taken or
proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance
of the recommendations, if any, within a period of one year from the date of receipt of such report.
(3) The annual report shall be prepared in such form, manner
(1) A State
Government may constitute a body to be known as the ..........(name of the State) Commission for
Protection of Child Rights to exercise the powers conferred upon, and to perform the functions
assigned to, a State Commission under this Chapter.
(2) The State Commission shall consist of the following Members, namely:--
(a) a Chairperson who is a person of eminence and has done outstanding work for promoting
the welfare of children; and
(b) six Members, out of which at least two shall be women, from the following fields, to be
appointed by the State Government from amongst persons of eminence, ability, integrity, standing
and experience in,--
The State Government shall, by
notification, appoint the Chairperson and other Members:
Provided that the Chairperson shall be appointed on the recommendation of a three Member
Selection Committee constituted by the State Government under the Chairmanship of the Minister
in-charge of the Department dealing with children.
(1)The
Chairperson and every Member shall hold office as such for a term of three years from the date on
which he assumes office:
Provided that no Chairperson or a Member shall hold the office for more than two terms:
Provided further that no Chairperson or any other Member shall hold office as such after he has
attained--
(a) in the case of Chairperson, the age of sixty-five years; and
(b) in the case of a Member, the age of sixty years.
(2) The Chairperson or a Member may, by writing under his hand addressed to the State
Govern
The salaries and allowances
payable to, and other terms and conditions of service of, the Chairperson and Members shall be such
as may be prescribed by the State Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of
the Chairperson or a Member, as the case may be, shall be varied to his disadvantage after his
appointment.
(1) The State
Government shall, by notification, appoint an officer not below the rank of the Secretary to the State
Government as the Secretary of the State Commission and shall make available to the State
Commission such other officers and employees as may be necessary for the efficient performance of
its functions.
(2) The Secretary shall be responsible for the proper administration of the affairs of the State
Commission and its day-to-day management and shall exercise and discharge such other powers and
perform such other duties as may be prescribed by the State Government.
(3) The salary and allowances payable to, and the other terms and conditions of service of the
Secretary, other officers and employees, appointed for the purpose of the State Commission shall be
such as may be prescribed by the State Government.
The salaries and allowances payable to
the Chairperson and Members and the administrative expenses, including salaries, allowances and
pensions payable to the Secretary, other officers and employees referred to in section 21, shall be paid
out of the grants referred to in sub-section (1) of section 28.
(1) The State Commission shall submit
an annual report to the State Government and may at any time submit special reports on any matter
which, in its opinion, is of such urgency or importance that it should not be deferred till submission of
the annual report.
(2) The State Government shall cause all the reports referred to in sub-section (1) to be laid before
each House of State Legislature, where it consists of two Houses, or where such Legislature consists
of one House, before that House along with a memorandum explaining the action taken or proposed to
be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any,
of any of such recommendations.
(3) The annual report shall be prepared in such form, manner and contain such details as may be
prescribed by the State Government.
The provisions of sections 7, 8, 9, 10,sub-section (1) of
section 13 and sections 14 and 15 shall apply to a State Commission and shall have effect, subject to
the following modifications, namely:--
(a) references to "Commission" shall be construed as references to "State Commission";
(b) references to "Central Government" shall be construed as references to "State
Government"; and
(c) references to "Member-Secretary" shall be construed as references to "Secretary".
For every Children's Court, the State Government shall, by
notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an
advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting
cases in that Court.
(1) The Central Government shall, after due
appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such
sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
(2) The Commission may spend such sums of money as it thinks fit for performing the functions
under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in
sub-section (1).
(1) The State Government shall, after due appropriation
made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of
money as the State Government may think fit for being utilised for the purposes of this Act.
(2) The State Commission may spend such sums of money as it thinks fit for performing the
functions under Chapter III of this Act, and such sums shall be treated as expenditure payable out of
the grants referred to in sub-section (1).
(1) The Commission shall maintain proper accounts
and other relevant records and prepare an annual statement of accounts in such form as may be
prescribed by the Central Government in consultation with the Comptroller and Auditor-General of
India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at
such intervals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the
audit of the accounts of the Commission under this Act shall, have the same rights and privileges and
the authority in connection with such audit as the Comptroller and Auditor-General generally has in
connection with the audit
(1) The State Commission shall maintain proper
accounts and other relevant records and prepare an annual statement of accounts in such form as may
be prescribed by the State Government in consultation with the Comptroller and Auditor-General of
India.
(2) The accounts of the State Commission shall be audited by the Comptroller and
Auditor-General at such intervals as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the State Commission to the Comptroller and
Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the
audit of the accounts of the State Commission under this Act shall, have the same rights and
privileges and the authority in connection with such audit as the Comptroller and Auditor-General
generally has in conn
No suit, prosecution or other legal proceeding
shall lie against the Central Government, the State Government, the Commission, the State
Commission, or any Member thereof or any person acting under the direction either of the Central
Government, State Government, Commission or the State Commission, in respect of anything which
is in good faith done or intended to be done in pursuance of this Act or of any rules made there under
or in respect of the publication by or under the authority of the Central Government, State
Government, Commission, or the State Commission of any report or paper.
Every Member of the
Commission, State Commission and every officer appointed in the Commission or the State
Commission to exercise functions under this Act shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (45 of 1860).
(1) In the discharge of its functions under this Act, the
Commission shall be guided by such directions on questions of policy relating to national purposes, as
may be given to it by the Central Government.
(2) If any dispute arises between the Central Government and the Commission as to whether a
question is or is not a question of policy relating to national purposes, the decision of the Central
Government thereon shall be final.
The Commission shall furnish to the Central Government such
returns or other information with respect to its activities as the Central Government may, from time to
time, require.
(1) The Central Government may, by
notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
(a) terms and conditions of service of the Chairperson and Members of the Commission and
their salaries and allowances under section 6;
(b) the procedure to be followed by the Commission in the transaction of its business at a
meeting under sub-section (4) of section 10;
(c) the powers and duties which may be exercised and performed by t
(1) The State Government may, by
notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
(a) terms and conditions of service of the Chairperson and Members of the State Commission
and their salaries and allowances under section 20;
(b) the procedure to be followed by the State Commission in the transaction of its business at
a meeting under sub-section (4) of section 10 read with section24;
(c) the powers and duties which may
(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for
removing the difficulty:
Provided that no order shall be made under this section after the expiry of the period of two years
from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before
each House of Parliament.
For the purpose of providing speedy trial of offences against children or
of violation of child rights, the State Government may, with the concurrence of the Chief Justice of
the High Court, by notification, specify at least a court in the State or specify, for each district, a Court
of Session to be a Children's Court to try the said offences: Legal Comments "Scope" - Section 25 creates Children's Courts for speedy trial of offences against children or violations of child rights; empowers state government (with CJHC concurrence) to designate at least one Court of Session per state/district as a Children's Court. [00100017123] (CPCR Act text reference in sources) "Essential ingredients" - Requirement of notification and designation of a Court of Session as a Children's Court; applicability limited by provisos (no if a Court of Session is already a special court; or a special court exists); ensures alignment with JJ Act/POCSO where applicable. [Thresiamma Varkey VS State of Kerala represented by its Public Prosecutor - 2017 0 Supreme(Ker) 594] "What Section Says" - Section 25 authorizes designation of a Children's Court to try offences against children or violations of child rights; proceeds in tandem with other safeguards and non-obstante clauses in related acts. [Namita Maniktala VS State of H. P. - 2016 0 Supreme(HP) 1508], [Pramod Yadav VS State of Madhya Pradesh - 2021 0 Supreme(MP) 364] "Provisions on Jurisdiction" - When multiple Acts apply (CPCR, POCSO, JJ Act), courts with overlapping jurisdiction may share or transfer matters; Gangula Ashok framework cited for resolving conflicts between non-obstante clauses. [Mohammad Juned VS State of Madhya Pradesh - 2014 0 Supreme(MP) 1642], [Court on its own motion VS State of Punjab - 2013 0 Supreme(P&H) 361] "Relation to POCSO" - Proviso links Children's Courts designation to POCSO proceedings; if a Court has been designated under CPCR Act, it can be deemed a Special Court for POSCO offences; otherwise, POCSO’s framework allows parallel designation. [Mohammad Juned VS State of Madhya Pradesh - 2014 0 Supreme(MP) 1642], [Thresiamma Varkey VS State of Kerala represented by its Public Prosecutor - 2017 0 Supreme(Ker) 594] "Speedy trial imperative" - Core objective is expedited adjudication in cases involving children; aligns with constitutional protections and international instruments; fast-track path is via designated Children’s Courts. [Society for Enlightenment and Voluntary Action VS Union of India - 2024 0 Supreme(SC) 945], [Shahabanath, D/o. Nafeesa VS State Of Kerala - 2024 0 Supreme(Ker) 1317] "Procedural interplay" - In cases involving both CPCR and other special acts, the court must apply the appropriate procedural regime (CrPC or special-provisions) with overriding considerations where applicable. See decisions contrasting CPCR and other Special Courts. [National Commission for Protection of Child Rights through its Asstt. Director VS State of Arunachal Pradesh through its Secretary - 2020 0 Supreme(Gau) 603], [In reference Received from: Presiding Officer,Children's Court & Sessions Judge, East-Nimar Khandwa (M. P. ) VS Vinod S/o Kishanlal Gawli - 2012 0 Supreme(MP) 935] "Magistrate to Children’s Court transition" - Prior trials by Magistrates remain valid; subsequent transfer to Children’s Court should be proper where authorized; not retroactively invalidating earlier proceedings. [Shahabanath, D/o. Nafeesa VS State Of Kerala - 2024 0 Supreme(Ker) 1317] "Mandatory notifications" - State governments must notify and designate Children’s Courts; vacancies in CPCRs/SCPCRs/Chap of positions must be filled to ensure functional monitoring and enforcement. [Radhakanta Tripathy VS Union of India - 2018 0 Supreme(Del) 118], [Suo Motu VS State of Rajasthan - 2019 0 Supreme(Raj) 2720] "Judicial oversight" - Courts have stressed the need for transparent, fair selection processes for CPCR authorities; ensure independence and avoid political patronage; missteps can be quashed. [Jasmine Alex VS State of Kerala Rep. by Secretary to Government, Social Justice Department - 2017 0 Supreme(Ker) 887], [Ashok D. Sanadi S/o Late Dinakar VS Chief Secretary - 2023 0 Supreme(Kar) 546] "Incorporation with other Acts" - Section 25 interacts with JJ Act (2015) and POSCO; the courts recognize that designation can function with overlapping jurisdictions while preserving child-centric procedures. [P. M. Mathew VS State of Kerala, Represented by the Public Prosecutor - 2016 0 Supreme(Ker) 310], [Pramod Yadav VS State of Madhya Pradesh - 2021 0 Supreme(MP) 364] "Role of CPCR/NCPCR" - CPCRs (national and state) monitor implementation, inquire into violations, and may direct or recommend action; Section 25 designation supports speedy trial while these bodies oversee compliance. [Re: Exploitation of Children in Orphanages in the State of Tamil Nadu VS Union of India - 2017 4 Supreme 494], [Court on Its Own Motion VS Union of India - 2015 0 Supreme(Del) 739] "Remedies and redressal" - While CPCR Act emphasizes inquiry and recommendations, Section 25 designations aid actual prosecution in appropriate cases; redress mechanisms extend from CPCR functions to trial venues. [National Commission for Protection of Child Rights through its Asstt. Director VS State of Arunachal Pradesh through its Secretary - 2020 0 Supreme(Gau) 603], [In Reference VS Vinod - 2012 0 Supreme(MP) 933] "Constitutional backing" - The CPCR Act and Section 25 align with constitutional guarantees (Articles 14, 21, 21A) and international instruments; courts underscore child welfare as paramount. [Society for Enlightenment and Voluntary Action VS Union of India - 2024 0 Supreme(SC) 945], [Just Rights For Children Alliance VS S. Harish - 2024 7 Supreme 129] "Impact on child rights jurisprudence" - Repeated jurisprudence reinforces that the Children’s Court is a specialized venue designed to ensure rapid, youth-friendly adjudication; proper designation is essential to avoid delays and ensure justice. [Jasmine Alex VS State of Kerala Rep. by Secretary to Government, Social Justice Department - 2017 0 Supreme(Ker) 887], [In Reference VS Vinod - 2012 0 Supreme(MP) 933] "Practical implications" - For prosecutors and defense: anticipate CPCR-designated proceedings, ensure compliance with pre-trial procedures, and prepare for expedited timelines; avoid mixing jurisdictions without clear statutory alignment. [Shahabanath, D/o. Nafeesa VS State Of Kerala - 2024 0 Supreme(Ker) 1317], [Mohammad Juned VS State of Madhya Pradesh - 2014 0 Supreme(MP) 1642] "Vacancies and governance" - Supreme/High Courts have mandated timely filling of vacancies in NCPCR/SCPCR to ensure functional governance and enforcement; delays undermine protective objectives. [Suo Motu VS State of Rajasthan - 2019 0 Supreme(Raj) 2720], [Chairperson, West Bengal Commission VS Election Commission Of India - 2022 0 Supreme(Cal) 700] "Financial and administrative aspects" - CPCR Act contemplates budgetary and procedural governance; Section 25 complements other statutory duties by enabling dedicated judicial venues. , [011000CANNOTFIND] "Contempt and compliance warnings" - Apex Court has warned states for non-compliance with CPCR-era directives; continued inaction risks contempt for failure to protect child rights. [Re. Exploitation of Children in Orphanages in the State of Tamil Nadu VS Union of India - 2013 8 Supreme 789] "Key takeaway" - Section 25 operationalizes a framework for speedy, specialized adjudication of offences against children by designating Children’s Courts, while harmonizing with JJ Act, POSCO, and CPCR governance to advance child protection across India. [Thresiamma Varkey VS State of Kerala represented by its Public Prosecutor - 2017 0 Supreme(Ker) 594], [In reference Received from: Presiding Officer,Children's Court & Sessions Judge, East-Nimar Khandwa (M. P. ) VS Vinod S/o Kishanlal Gawli - 2012 0 Supreme(MP) 935] Sources cited (representative references used in bullet summaries):- CPCR Act, Section 25 and related case law: [Thresiamma Varkey VS State of Kerala represented by its Public Prosecutor - 2017 0 Supreme(Ker) 594], [Suo Motu VS Thomson - 2014 0 Supreme(Ker) 92], [Mohammad Juned VS State of Madhya Pradesh - 2014 0 Supreme(MP) 1642], [Pramod Yadav VS State of Madhya Pradesh - 2021 0 Supreme(MP) 364], [Society for Enlightenment and Voluntary Action VS Union of India - 2024 0 Supreme(SC) 945], [NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS VS RAJESH KUMAR - 2018 0 Supreme(SC) 344], [ISHWAR CHAND VS STATE - 2009 0 Supreme(Del) 928], [Radhakanta Tripathy VS Union of India - 2018 0 Supreme(Del) 118], [00100079300]- Interplay with POCSO/JJ Act and jurisdiction: [Deepak Kumar Diwan S/o Shri Ramdayal Diwan VS State of Chhattisgarh - 2021 0 Supreme(Chh) 113], [Mohammad Juned VS State of Madhya Pradesh - 2014 0 Supreme(MP) 1642], [Court on its own motion VS State of Punjab - 2013 0 Supreme(P&H) 361], [P. M. Mathew VS State of Kerala, Represented by the Public Prosecutor - 2016 0 Supreme(Ker) 310], [In reference Received from: Presiding Officer,Children's Court & Sessions Judge, East-Nimar Khandwa (M. P. ) VS Vinod S/o Kishanlal Gawli - 2012 0 Supreme(MP) 935]- Monitoring, enforcement, and governance: [Re: Exploitation of Children in Orphanages in the State of Tamil Nadu VS Union of India - 2017 4 Supreme 494], [Court on Its Own Motion VS Union of India - 2015 0 Supreme(Del) 739], [Chairperson, West Bengal Commission VS Election Commission Of India - 2022 0 Supreme(Cal) 700], [Just Rights For Children Alliance VS S. Harish - 2024 7 Supreme 129], [ASSOCIATION FOR DEVELOPMENT VS UOI - 2010 0 Supreme(Del) 112], [Namita Maniktala VS State of H. P. - 2016 0 Supreme(HP) 1508]- General principles and constitutional framework: [Society for Enlightenment and Voluntary Action VS Union of India - 2024 0 Supreme(SC) 945], [ANJALI BHARDWAJ VS UNION OF INDIA - 2019 0 Supreme(SC) 165], [Re. Exploitation of Children in Orphanages in the State of Tamil Nadu VS Union of India - 2013 8 Supreme 789], [Sampurna Behura VS Union of India - 2018 1 Supreme 642] Note: Some sources provided cover broader topics; only points supported by the listed references have been included.
Provided that nothing in this section shall apply if--
(a) a Court of Session is already specified as a special court; or
(b) a special court is already constituted, for such offences under any other law for the time
being in force.
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