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[Section Index]

The Criminal Law Amendment Act, 1958

( ACT NO. XL OF 1958 )

Procedure in trial of cases and powers of Special Judges
6. 1[(1) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), shall, in so far as they are not inconsistent with this Act, apply to the proceedings of the Court of a Special Judge and for the purposes of the said provisions, the Court of a Special Judge shall be deemed to be-
 
 
 
 
(a) a Court of Sessions, if the Special Judge is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge.
 
 
 
 
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3[(1A) If a Special Judge has reason to believe that an accused person has absconded or is concealing himself so that he cannot be arrested and produced before him for trial, he may, by order notified in the official Gazette, direct such person to appear before him within such period as may be specified in the order, and if such person fails to comply with such direction, he may be tried in his absence.]
 
 
 
 
4[(1B) A person accused of more offences than one punishable under this Act may be tried at one trial for all such offences.]
 
 
 
 
5[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), in the case of any offence specified in the Schedule, at any stage of investigation, enquiry, and trial the Special Judge, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, may for reasons to be recorded in writing tender pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sections 339 and 339A of the said Code, be deemed to have been tendered under section 337,or, as the case may be, under section 338 of that Code.]
 
 
 
 
(3) The provisions of Chapter XX of the Code of Criminal Procedure, 1898, shall apply to trial of cases under this Act in so far as they are not inconsistent with the provisions of this Act.
 
 
 
 
(4) Notwithstanding anything contained in this Act, the Special Judge may convict the accused of any offence which from the facts admitted or proved he appears to have committed.
 
 
 
 
(5) [Omitted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004).]
 
 
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(6) [Omitted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004).]
 
 
 
 
(7) The previous statements of witnesses to be examined for the prosecution at the trial shall be supplied to the accused at least one week before the commencement of the trial.

  • 1
    Sub-section (1) was substituted by section 6 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)
  • 2
    Clause (b) was omitted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
  • 3
    Sub-section (1A) was inserted by section 7 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)
  • 4
    Sub-section (1B) was inserted by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1979 (Ordinance No. XVI of 1979)
  • 5
    Sub-section (2) was substituted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
  • 6
    The Explanation was omitted by section 7 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)
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