Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 7 – The Terrorist Affected Areas (Special Courts) Act 1984

The Terrorist Affected Areas (Special Courts) Act 1984

Section 7. Jurisdiction of Special Court

(1) Notwithstanding anything contained in the Code or in any other law, a scheduled offence committed in a judicial zone in a State at any time during the period which such judicial zone is, or is part of, a terrorist affected area shall be friable, whether during or after the expiry of such period, only by the Special Court established for such judicial zone in the State.

Provided that where the period specified under sub-section (2) of Section 3 as the period during which an area declared by notification under subsection (1) of that section to be a terrorist affected area commences from a date earlier than the date on which such notification is issued, then-

(a) Nothing in the foregoing provisions of this subsection shall apply to a scheduled offence committed in such area in which the whole of the evidence for the prosecution has been taken before the date of issue of such notification; and

(b) All other cases involving scheduled offences committed in such area and pending before any court immediately before the date of issue of such notification shall stand transferred to the Special Court having jurisdiction under this section and the Special Court to which such pro-evidence for the prosecution has been taken before the date of issue of which they were pending at that time.

(2) Notwithstanding anything contained in subsection (1), if in respect of a case involving a scheduled offence committed in any judicial zone in a State, the Central Government, having regard to the provisions of subsection (2) of, Section-4 and the facts and circumstances of the case and all other relevant factors, is of the opinion that it is expedient that such offence should be tried by the Additional Special Court established in relation to such judicial zone outside the State, the Central Government may make a declaration to that effect

Provided that no such declaration shall he made unless the State Government has forward to the Central Government a report in writing containing a request for making of such declaration.

Explanation

Where an Additional Special Court is established in relation to two or more judicial zones, such Additional Special Court shall be deemed, for the purposes of this sub-section, to have been established in relation to each of such judicial zones.

(3) A declaration made under sub-section (2) shall not be called in question in any court.

(4) Where any declaration is made in respect of any offence committed in judicial zone in a State, any prosecution in respect of such offence shall be instituted only in the Additional Special court established in relation to such judicial zone outside the State, and if any prosecution in respect of such offence is pending immediately before such declaration in any other court, the same shall stand transferred to such Additional Special Court and such Additional Special Court shall proceed with such case from the stage at which it was pending at that time.

Previous | Next

The Terrorist Affected Areas (Special Courts) Act 1984

Indian Laws – Bare Acts

MyNation

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation