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21/05/2024
Laws of Bangladesh

The Criminal Law Amendment Act, 1958

( ACT NO. XL OF 1958 )

Offences to be tried by Special Judges
5. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, or in any other law, the offences specified in the Schedule shall be triable exclusively by a Special Judge.
 
 
 
 
(2) [Omitted by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004).]
 
 
 
 
(3) [Omitted by section 6 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978).]
 
 
 
 
(4) [Omitted by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004).]
 
 
 
 
(5) In respect of cases transferred to a Special Judge under 1[* * *] 2[* * *] section 4 3[* * *], such Judge shall not, by reason of the said transfer, be bound to recall and rehear any witness who has given evidence in the case before transfer and may act on the evidence already recorded by or produced before the court which tried the case before the transfer.
 
 
(6) For the purpose of trial 4[under this Act,] a Special Judge may, in any case where he deems it necessary, order an investigation by 5[the Commission].
 
 
 
 
(7) When trying an offence under this Act a Special Judge may also charge with and try other offences not so triable with which the accused may, under the provisions of the Code of Criminal Procedure, 1898, relating to the joinder of charges, be charged at the same trial.

  • 1
    The words “the proviso to” were omitted by section 4 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)
  • 2
    The words “sub-section (3) of” were omitted by section 6 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)
  • 3
    The words, figure and brackets “or by virtue of sub-section (4) of this section” were omitted by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
  • 4
    The words and comma “under this Act,” were substituted for the words, commas and figures “before a Special Judge, the provisions of Chapter XVIII of the Code of Criminal Procedure, 1898, shall not be applicable, but” by section 4 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)
  • 5
    The words “the Commission” were substituted for the words “any police officer in whose jurisdiction the offence was wholly or partly committed” by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)
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