Section 9: Jurisdiction of Special Court

9. Jurisdiction of Special Court.—(1) Notwithstanding anything contained in the Code or in any other law, a scheduled offence committed in a zone in a province, shall be triable only by the Special Court exercising territorial jurisdiction in such zone. (2) Notwithstanding anything contained in sub-section (1), if, in respect of a case involving a scheduled offence committed in any zone in a province, the Government, having regard to the provisions of sub-section (2) of section 6 and the facts and circumstances of the case, is of the opinion that it is expedient that such offence should be tried by the Special Court established in relation to such zone outside the zone, the Government may make a declaration to that effect. Explanation.—Where a Special Court is established in relation to two or more zones, such Special Court shall be deemed, for the purpose of this sub-section, to have been established in relation to each of such 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 a zone in a province, any prosecution in respect of such offence shall be instituted only in the Special Court established in relation to such zone outside such zone, 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 Special Court and such Special Court shall proceed with such case from the stage at which it was pending at that time.

Effective date: 1992-01-01

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