Chapter IX SPECIAL COURTS

General201463 sections15 chapters

36. Constitution of Special Court

Statutory text

(1) The State Government shall constitute such number of Special Courts, as recommended by the Lokayukta, to hear and decide cases arising out of the Prevention of Corruption Act, 1988 or under this Act.
(2) The Special Courts constituted under sub-section
(1) shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court: Provided that in case the trial cannot be completed within a period of one year, the Special Court shall record reasons therefor and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing before the end of each such three months period, but not exceeding a total period of two years.

Chapter IX SPECIAL COURTS

Statutory text

(1) Notwithstanding anything contained in this Act or the Code of Criminal Procedure, 1973 if, in the course of an preliminary inquiry or investigation into an offence or other proceeding under this Act, an application is made to a Special Court by an officer of the Lokayukta authorised in this behalf that any evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act and he is of the opinion that such evidence may be available in any place in a contracting State, and the Special Court, on being satisfied that such evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act, may issue a letter of request to a court or an authority in the contracting State competent to deal with such request to –
- (i) examine the facts and circumstances of the case;
- (ii) take such steps as the Special Court may specify in such letter of request; and
- (iii) forward all the evidence so taken or collected to the Special Court issuing such letter of request.
(2) The letter of request shall be transmitted in such manner as the State Government may prescribe in this behalf.
(3) Every statement recorded or document or thing received under sub-section
(1) shall be deemed to be evidence collected during the course of the preliminary inquiry or investigation.

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