Section 11 of The Commission of Sati (Prevention ) Act, 1987
- (1)A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts.
- (2)Subject to the other provisions of this Act, a Special Court shall, for the purpose of the trial of any offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session, so far as may be, in accordance with the procedure prescribed in the Code for trial before a Court of Session.
Summary
- The Special Court can start a trial and take legal notice of an offence on its own after getting a direct complaint of the facts.
- The Special Court can also begin a trial based on a regular police report of the facts.
- The accused person does not need to go through a preliminary hearing, also called a committal proceeding, in a lower court before the Special Court can start the trial.
- During the trial, the Special Court possesses all the legal powers of a Court of Session, which is a high-level criminal trial court.
- The Special Court must follow the criminal trial procedures established for a Court of Session under the standard Code of Criminal Procedure.
Practical examples
FAQ
1. Can a Special Court hear a case under The Commission of Sati (Prevention) Act, 1987, Section 11, without a lower magistrate sending it up?
Yes, under Section 11 of The Commission of Sati (Prevention) Act, 1987, the Special Court can take direct notice of an offence without the case being committed, which means sent up by a lower magistrate, to it for trial.
2. What sources of information can a Special Court use to start a trial under Section 11 of the anti-sati law?
Under Section 11 of the anti-sati law, the Special Court can start a trial either upon receiving a direct complaint of the facts that make up the offence, or upon receiving a police report containing those facts.
3. What are the legal powers of a Special Court during a trial under Section 11 of the 1987 Act?
Under Section 11 of the 1987 Act, the Special Court has all the powers of a Court of Session, which is the highest trial court for criminal cases in a district.
Test yourself
Q1.Under Section 11 of The Commission of Sati (Prevention) Act, 1987, how can a Special Court take cognizance, meaning formal legal notice, of an offence?
Q2.Under Section 11 of the Sati Prevention Act, 1987, which standard trial court serves as the model for the powers and procedures of the Special Court?
Q3.Under Section 11 of the Commission of Sati (Prevention) Act, 1987, what procedural requirement for standard criminal trials is bypassed to speed up the process?
Q4.Under Section 11 of the 1987 anti-sati law, which standard criminal law code regulates the trial procedures of the Special Court?