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[Section Index]

The Criminal Law Amendment Act, 1958

( ACT NO. XL OF 1958 )

Appeal, revision and transfer of cases
10. 1[(1) An appeal from the judgement of a Special Judge shall lie to-
 
 
 
 
(a) the High Court Division, if the Special Judge is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge;
 
 
2[* * *]
 
 
 
 
(1A) The Court to which an appeal lies under sub-section (1) shall also have powers of revisions.]
 
 
 
 
(2) Notwithstanding the provisions of section 417 of the Code of Criminal Procedure, 1898, in any case tried by a Special Judge appointed by the Government under section 3, in which such Special Judge has passed an order of acquittal, 3[the Commission may] direct the Public Prosecutor to present an appeal to such Court as aforesaid.
 
 
 
 
(3) The 4[High Court Division] shall have authority to transfer any case from the Court of a Special Judge to the Court of another Special Judge:
 
 
 
 
Provided that notwithstanding anything contained in section 526 of the Code of Criminal Procedure, 1898, the Special Judge from whose Court a transfer is desired, shall not be bound to adjourn the case, but if he rejects a request for adjournment, he shall record his reasons for doing so.
 
 
 
 
(4) No prosecution under this Act against any person either generally or in respect of any one or more of the offences for which he is being tried shall be withdrawn except under the orders in writing of the 5[Commission].

  • 1
    Sub-section (1) was substituted by section 7 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)
  • 2
    Clause (b) was omitted by section 7 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
  • 3
    The words “the Commission may” were substituted for the words “the Government may” by section 7 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
  • 4
    The words “High Court Division” were substituted for the words “aforesaid court” by section 7 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
  • 5
    The word “Commission” was substituted for the word “Government” by section 7 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
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