section 18
Procedure and power of the Designated Judge
The Rajasthan Protection From Lynching Act, 2019(1) A Designated Judge may take cognizance of any offence, without the accused being committed to it for trial, upon a police report. (2) In trying the accused persons, the Designated Judge shall follow the procedure for the trial of warrant cases prescribed by the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974). (3) The provisions of the Code of Criminal Procedure, 1973(Central Act No. 2 of 1974), shall, so far as they are not inconsistent with this Act, apply to the proceedings before a Designated Judge; and for the purposes of the said provisions, the Court of the Designated Judge shall be deemed to be a Court of Session. (4) When trying the accused person, a Designated Judge may also try any offence, other than an offence specified under this Act, with which the accused may, under the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), be charged at the same trial if the offence is connected with the offence under this Act. (5) If, in the course of any trial under this Act, it is found that the accused person has committed any other offence, the Designated Judge may, whether such offence is or is not an offence under this Act, try such person of such offence and pass any sentence authorized by law for the punishment thereof. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) a Designated Judge shall hold the trial of an offence on day-to-day basis save for reasons beyond the control of parties: Provided that where a Designated Judge is unable to hold the trial of the offence on day-to-day basis, the reasons for the same, shall be recorded in writing by the Designated Judge. (7) In so far as reasonably possible, all statements of victims and witnesses should be recorded within a period of one hundred and eighty days from the date of framing the charge. (8) In so far as reasonably possible, it shall be the endeavor of the Court to ensure that any witness is not required to attend the Court on more than two dates of hearing.
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