THE WEST BENGAL SPECIAL COURTS ACT, 1950.

West Bengal Act X of 1950

15th March, 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:—

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S.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.

* West Ben. Ord. III of 1949.

S.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.

* Act V of 1898.

S.3

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.

S.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.

S.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.

S.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 Ses

S.7 Transfer of cases from one Special Court to another.

(1) The State Government may at any stage of the proceedings before a Special Court transfer a case to another Special Court.

(2) Notwithstanding anything contained in the Code when a case is transferred under sub-section (1), the Special Court to which the case is transferred shall not be bound to resummon or re-hear the witnesses or any of them unless it is satisfied that such a course is necessary in the interests of justice.

S.8 Power to refuse to summon witness whose evidence is not material.

A Special Court may for reasons to be recorded in writing refuse to summon any witness if satisfied after examination of the accused that the evidence of such witness will not be material.

S.9 Adjournments.

(1) A Special Court shall not be bound to adjourn a trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice.

(2) A Special Court shall not be required to grant an adjournment for the purpose of securing the attendance of a legal practitioner, if, in its opinion, such adjournment would cause unreasonable delay.

S.10 Power to exclude persons or public from precincts of Court.

A Special Court may, if it thinks fit, order at any stage of a trial that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.

S.11 Power of Special Courts to deal with refractory accused.

(1) Where any accused, in a trial before a Special Court, has, by his voluntary act, rendered himself incapable of appearing before the Court, or resists his production before it, or behaves before it in a persistently disorderly manner, the Court may, at any stage of the trial, by order in writing made after such inquiry as it may think fit, dispense with the attendance of such accused for such period as it may think fit, and proceed with the trial in his absence.

(2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1), such accused shall be deemed not to plead guilty.

(3) An order under sub-section (1) dispensing with the attendance of an accused shall not affect his right of being represented by a pleader at any stage of the trial, or of being present in person if he has become capable of appearing, or appears in Court and undertakes to behave in an orderly manner.

(4) Notwithstanding

S.12 Power of Special Courts to pass sentences.

A Special Court may pass upon any person convicted by it any sentence authorised by law for the punishment of the offence of which such person is convicted and where the Special Court passes a sentence of death the provisions of Chapter XXVII of the Code shall apply.

S.13 Power to convict for offence proved.

If in any trial by a Special Court under this Act it is found that the accused has committed any offence, whether such offence is or is not an offence directed under section 5 to be tried by the Special Court, the Special Court may convict such person of such offence and pass any sentence authorised by law for the punishment thereof.

S.14 Special rule about fine.

(1) Notwithstanding anything contained in section 386 of the Code, where any offender has been sentenced by a Special Court to pay a fine, the Court may recover the fine by the issue of a warrant for the levy of the amount by attachment and sale of any property, movable or immovable, of the offender.

(2) Notwithstanding anything contained in section 545 of the Code, a Special Court may, when imposing a fine on any person convicted by the Court, order the whole or any part of the fine recovered to be applied—

• (a) in the payment to any person affected by the offence of compensation for any loss, injury or annoyance caused by the offence, or
• (b) in the payment of a reward to any person who has given information leading to the detection of the offence or to the conviction of the accused