Section 9 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992
- (1)The Special Court shall, in the trial of such cases, follow the procedure prescribed by the Code for the trial of warrant cases before a magistrate.
- (2)Save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before the Special Court and for the purposes of the said provisions of the Code, the Special Court shall be deemed to be a Court of Session and shall have all the powers of a Court of Session, and the person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor.
- (3)The Special Court may pass upon any person convicted by it any sentence authorised by law for the punishment of the offence of which such person is convicted.
- (4)While dealing with any other matter brought before it, the Special Court may adopt such procedure as it may deem fit consistent with the principles of natural justice.
Summary
- The Special Court follows the procedure for warrant cases tried before a magistrate as set in the Code of Criminal Procedure.
- For these rules, the Special Court is treated as a Court of Session and has all the powers of a Court of Session.
- The lawyer who presents the case against the accused is treated as a Public Prosecutor.
- The court can give any sentence or punishment that is legal for the specific crime committed.
- For matters not covered by specific rules, the court must follow the principles of natural justice, meaning it must be fair to both sides.
Practical examples
FAQ
1. What kind of punishment can the Special Court give?
It can pass any sentence authorised by law for the specific offence.
2. Is the Special Court lower than a Court of Session?
No, it is deemed to be a Court of Session and has all its powers.
3. Who prosecutes the cases?
The person conducting the prosecution is deemed to be a Public Prosecutor.
Test yourself
Q1.Under Section 9 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what type of trial procedure is followed?
Q2.Under Section 9 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, the Special Court is considered to be which type of court for procedural purposes?
Q3.Under Section 9 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what must the court follow when dealing with other matters where specific rules are not provided?
Q4.Under Section 9 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what sentence can the court pass?
Q5.Under Section 9 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what is the status of the person conducting the prosecution?