Section 13: Procedure and powers of Special Court

13. Procedure and powers of Special Court.—(1) The officer-in-charge of a police- station shall complete the investigation and forward directly to the Special Court a report under section 173 of the Code within fourteen days in respect of a case triable by such court; Provided that the Special Court may extend the time within which such report is to be forwarded in a case where good reasons are shown for not being able to do so within the time specified in this sub-section. (2) Any default on the part of an officer-in-charge of a police-station, an investigating officer or any other person required by law to perform any functions in connection with the investigation, that results in, or has the effect of, delaying the investigation or submission of the report under sub-section (1), shall be deemed to be a wilful disobedience of the order of the Special Court and dealt with under the law accordingly. (3) The Special Court may directly take cognizance of a case triable by such court without the case being sent to it under section 190 of the Code. (4) In cases triable by a Special Court, orders for detention of an accused in police custody under section 167 of the Code shall be obtained from the Special Court Concerned which shall record reasons for authorising or refusing such detention: Provided that, where an accused cannot within twenty-four hours be produced before the Special Court, a temporary order for police custody no exceeding twenty-four hours may be obtained from the nearest Magistrate for the purpose of producing the accused before the Special Court within that period. (5) Where, in a case triable by the Special Court, an accused has been released from police custody under section 169 of the Code, or has been remanded to judicial custody, the Special Court may, on good grounds being shown by a Public Prosecutor or Law Officer of the Government, for reasons to be recorded in writing, make an order for placing him in police custody for a period not exceeding ten days for the purpose of further investigation in the case. (6) For the purposes of sub-sections (4) and (5), a Special Court shall be deemed to be a Magistrate. (7) On taking cognizance of a case, the Special Court shall proceed with the trial from day to day and shall decide the case within thirty days. (8) A Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice and no adjournment shall, in any case, be granted for more than two working days. (9) A Special Court shall not, merely by reason of a change in its composition or transfer of a case under sub-section (1) of section 10, be bound to recall and re-hear any witness who has given evidence and may act on the evidence already recorded. (10) Any accused person may be tried in his absence if the Special Court, after such inquiry as it deems fit, is satisfied that— (a) such absence is deliberate and brought about with a view to impending the course of justice; or (b) the behavior of the accused in court has been such as to impede the course of justice and the Special Court has on that account ordered his removal from the Court: Provided that, in a case referred to in clause (a) the accused person shall not be tried unless a proclamation in accordance with the provisions of Section 87 of the Code has been published in respect of him, which proceedings shall be completed by the Special Court within seven days, and until the proclamation has been published in at least three national daily newspapers out of which one shall be in Urdu language and the Court may also proceed under section 88 of the code; Provided further that the Special Court shall proceed with the trial after taking necessary steps to appoint an advocate to defend the accused person who is not before the Court. Explanation.—An accused who is tried in his absence under sub-section (10) shall be deemed not to have admitted commission of any offence for which he has been charged. (11) the advocate appointed under the second proviso to sub-section (10) shall be a person selected by the Special Court for the purpose and he shall be engaged at the expense of the Government and a notice of his appointment shall be published by the Special court in the newspapers referred to in the first proviso to that sub-section. (12) If, within sixty days from the date of his conviction, any person tried under sub-section (10) appears voluntarily, or is apprehended and brought before the Special Court, and proves to its satisfaction that he did not abscond or conceal himself for the purpose of avoiding the proceeding against him, the Special Court shall set aside his conviction and proceed to try him in accordance with law for the offence for which he is charged: Provided that, the Special Court may exercise its powers under this sub-section in a case in which a person as aforesaid appears before it after the expiration of the said period and satisfies it that he was prevented from appearing within the said period by circumstances beyond his control. (13) Where a scheduled offence is punishable with imprisonment for a term not exceeding three years, or with fine, or with both, a Special Court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code shall, so far as may be apply to such trial: and Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for a Special Court to pass a sentence of rigorous imprisonment for a term not exceeding two year: Provided further that a Special Court shall not try in a summary way any case which was pending in any Court immediately before the commencement of this Act and is transferred to the Special Court under Section 10. (14) Subject to the other provisions of this Act, a Special Court shall, for the purpose of trial of any offence, have all the powers of a court of Session and shall try such offence as if it were a Court of Session as for as may be in accordance with the procedure prescribed in the Code for trial before a Court of Session.

Effective date: 1992-01-01

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