Section 3: Constitution of Special Courts

3. Constitution of Special Courts.___(1) The Provincial Government shall, by notification in the official Gazette, constitute, for the whole or any part of the Province, a Special Court consisting of a person who is— (a) a local dignitary; or (b) a member of a Local Council constituted under the law relating to local government; or (c) an advocate of not less than five years' standing; or (d) a serving Magistrate. (2) A Special Court shall sit at such place as the Provincial Government may direct. (3) The terms and conditions of a person appointed as a Special Court shall be such as the Provincial Government may determine. (4) A Special Court shall have all the powers conferred by the Code of Criminal Procedure, 1898 (Act V of 1898), on a Magistrate of the first Class. (5) A Special Court shall follow the procedure prescribed by the Code of Criminal Procedure, 1898 (Act V of 1898), for trial of cases by Magistrates, and a person conducting prosecution before a Special Court shall be deemed to be a Public Prosecutor. 1[(5A) A Special Court may, if it thinks fit, try a traffic offence in a summary way in accordance with the provisions contained in sections 262 to 265 of the Code of Criminal Procedure, 1898 (Act V of 1898)]. (6) All proceedings before a Special Court shall be deemed to be judicial proceedings within the meaning of sections 193 and 288 of the Pakistan Penal Code (Act XLV of 1860), and the Special Court shall be deemed to be a Court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).

Effective date: 1981-01-01

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