Power of Central Government to constitute Special Court.

Civil Law

NATIONAL INVESTIGATION AGENCY ACT, 2008

Section 11: Power of Central Government to constitute Special Court.

Section 16: Procedure and Power of Special Courts

  • A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of the facts that constitute such offence or upon a police report of such facts.

Section 2 (1) (d): “court” means a criminal court having jurisdiction, under the code to try offences under this Act and includes a Special Court constituted under Sec. 11 or under Sec. 21 of the National Investigation Agency Act, 2008.

Section 45: Cognizance of Offence:

  • No court shall take cognizance of any offence –
  • Under Chapter III without the previous sanction of the Central Government or any officer authorized by the Central Government in this behalf;
  • Under Chapter IV and VI without previous sanction of the Central Government or, as the case may be, the State Government, and where such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.

Discussion on Proclamation & Attachment Procedure & Impediment

Sec. 81: Procedure by Magistrate before whom such person arrested is brought

  • The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall , if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court:

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond, to the Court which issued the warrant:

Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 437), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 78 to release such person on bail.

  • Nothing in this section shall be deemed to prevent a police officer from taking security under section 71.

 

 

 

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