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[Section Index]

The Criminal Law Amendment Act, 1958

( ACT NO. XL OF 1958 )

Jurisdiction of Special Judges and cognizance of cases by them
4. (1) A Special Judge shall have jurisdiction within such territorial limits as may be fixed by the Government by notification in the official Gazette and may take cognizance of any offence committed or deemed to have been committed within such limits and triable under this Act upon receiving a complaint of facts which constitute such offence or upon a report in writing of such facts made by any police officer.
 
 
(2) Where two or more Special Judges have jurisdiction, wholly or partly in the same territorial limits, the Government shall, by notification in the official Gazette, declare one of them to be the Senior Special Judge for that area 1[; and, notwithstanding anything contained in sub-section (1), such Senior Special Judge shall have exclusive jurisdiction to take cognizance of all offences triable under this Act committed or deemed to have been committed within that area.]
 
 
 
 
(3) An offence shall be tried by the Special Judge within the territorial limits of whose jurisdiction it was committed or deemed to have been committed, or where there are more Special Judges than one having jurisdiction within the same territorial limits, 2[by the Special Judge to whom the case is transferred] by the Senior Special Judge:
 
 
 
 
Provided that the Senior Special Judge may, by order in writing, transfer, at any stage of the trial, any case from the Court of one Special Judge to the Court of another Special Judge having jurisdiction within the same territorial limits.
 
 
 
 
(4) When an offence triable under this Act is committed outside Bangladesh, it shall, for the purposes of this Act, be deemed to have been committed within the territorial limits of the jurisdiction of the Special Judge in which the person 3[committing the offence is found or was ordinarily residing before he left Bangladesh].
 
 
4[(5) A Special Judge may pass any sentence authorised by law, except-
 
 
 
 
(a) a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years, if he is or has been an Assistant Sessions Judge;
 
 
 
 
5[* * *]]

  • 1
    The semi-colon (;) was substituted for the full stop (.) and the words, commas, brackets, figure and full-stop “and, notwithstanding anything contained in sub-section (1), such Senior Special Judge shall have exclusive jurisdiction to take cognizance of all offences triable under this Act committed or deemed to have been committed within that area.” were inserted by section 3 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)
  • 2
    The words “by the Special Judge to whom the case is transferred” were substituted for the words “by such one of them as may be specified in this behalf” by section 3 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)
  • 3
    The words “committing the offence is found or was ordinarily residing before he left Bangladesh” were substituted for the words “committing the offence is found” by section 5 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)
  • 4
    Sub-section (5) was inserted by section 3 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)
  • 5
    Clause (b) was omitted by section 4 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
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