Section 6 of The Terrorist Affected Areas (Special Courts) Act, 1984
A Special Court may, if it considers it expedient or desirable so to do, sit for any of its proceedings at any place, other than the ordinary place of its sitting, in the State in which it is established: Provided that if the Public Prosecutor certifies to the Special Court that it is in his opinion necessary for the protection of the accused or any witness or otherwise expedient in the interests of justice that the whole or any part of the trial should be held at some place other than the ordinary place of its sitting, the Special Court may, after hearing the accused, make an order to that effect unless, for reasons to be recorded in writing, the Special Court thinks fit to make any other order.
Summary
- This section allows a Special Court to hold its trial sessions at any place within the State where it was set up.
- The court can choose to change its meeting location if it believes doing so is beneficial or practical.
- The state lawyer can submit a certificate asking to move the trial to protect the accused person, protect a witness, or serve the interest of justice.
- If the state lawyer makes this request, the court must hear what the accused person has to say before deciding.
- The court will generally order the move unless it has specific reasons to refuse, which it must write down in writing.
Practical examples
FAQ
1. Can a Special Court sit outside the State where it is established under Section 6 of the Terrorist Affected Areas Act?
No. Under Section 6 of the Terrorist Affected Areas (Special Courts) Act, 1984, the court is only permitted to sit at places within the State in which it has been established.
2. What role does the Public Prosecutor play in changing the trial venue under Section 6 of the 1984 Act?
Under Section 6 of the Terrorist Affected Areas (Special Courts) Act, 1984, the Public Prosecutor can certify to the court that moving the trial is necessary to protect the accused or witnesses, or is otherwise in the interest of justice.
3. Does the accused person have a right to be heard before the court changes its sitting location under Section 6?
Yes. Section 6 of the Terrorist Affected Areas (Special Courts) Act, 1984, states that the court may make an order to move the trial after hearing the accused person.
4. What must the Special Court do if it decides not to follow the Public Prosecutor's recommendation to move a trial under Section 6 of the 1984 Act?
If the Special Court decides to make a different order despite the certificate from the Public Prosecutor, it must record its reasons in writing under Section 6 of the Terrorist Affected Areas (Special Courts) Act, 1984.
Test yourself
Q1.Under Section 6 of the Terrorist Affected Areas (Special Courts) Act, 1984, what is the geographical limit within which a Special Court may shift its place of sitting for any of its proceedings?
Q2.Under Section 6 of the Terrorist Affected Areas (Special Courts) Act, 1984, what must occur before the Special Court orders a trial to be held at an alternate location based on the Public Prosecutor's certificate?
Q3.Under Section 6 of the Terrorist Affected Areas (Special Courts) Act, 1984, if the Public Prosecutor certifies that a venue change is necessary to protect a witness, but the court decides to keep the trial at its ordinary venue, what is the court required to do?
Q4.Under Section 6 of the Terrorist Affected Areas (Special Courts) Act, 1984, which of the following is NOT a valid ground specified for the Public Prosecutor to certify that a trial should be moved to an alternative sitting place?