Offence cognizable, non-bailable and non-compoundable

Special Court may upon perusal of police reports of the facts which constitutes an offence under this Act or upon any complaint made by a party authorized in this behalf under this Act take cognizance of the offence for which the accused has committed for trial. (a) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974) for an offence punishable under this Act shall be cognizable, non-bailable and non-compoundable. (b) No person accused of an offence punishable for terms of imprisonment of more than ten years shall be release on bail under this Act. unless: (i) The Public Prosecutor has been given an opportunity to oppose the bail application for such release, and (ii) Where the Public Prosecutor opposes the application, the Special Court has satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person who is an examinee, or woman, sick or infirm may be released on bail if the Special Court shall direct.