section 13
Procedure and powers of Special Courts
The Arunachal Pradesh Control of Organised Crime Act, 2002General200226 sections5 chapters
Chapter II PUNISHMENT FOR, AND MEASURES FOR COPING WITH, ORGANISED CRIME
Statutory text
Procedure and powers of Special Courts.
- (1) A Special Court may take cognizance of offences without the accused being committed to it for trial, and, in trying the accused persons, shall follow the procedure prescribed in the Code for the trial of warrant cases before a Magistrate.
- (2) A Special Court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor in the commission thereof: Provided that the person to whom pardon is tendered under this sub-section shall be examined as a witness in the trial of the accused in the case.
- (3) Save as in this Act otherwise provided, the provisions of the Code shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.
- (4) In particular and without prejudice to the generality of the provisions of section 164 of the Code, the provisions of section 164 thereof shall apply in relation to the case for the Special Court as if the reference in that section to the "Metropolitan Magistrate or the Judicial Magistrate of the first class" were a reference to the "Special Court".
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