Section Text
2006.
similar purpases under any other law for the time being in force. then, such court shall be
deemed to be a Special Court under this section.
(2) While trying an offence under this Act, a Special Court shall also try an offence
[other than the offence referred to in sub-section (/)], with which the accused may, under
the Code
of Criminal Procedure, 1973, be charged
at the same trial. 2 of 1974
(3) The Special Court constituted under this Act, notwithstanding anything in the
Information TechnologyAct, 2000, shall have jurisdiction to try offences
under section 67B of 2 of 2000
thal Act in so far as it relates to publication or transmission of sexually explicit material depicting
children in any act, or conductor manner or facilitates abuse of children online.
Presumption 29, Where a person 6 p d for ing of abetting
or arent
arty offence
as to certain under sectons 3, 5, 7 and secpon 9 of this Act the Speckd Coun shall presume, that such person has.
offences
‘committed or abetted of attempted to commit the offieee, as the case may be unless the contrary is proved.
Presumption mental state on the part of the accused, the Special Court shall presume the existence of
such mental state but it shall be a defence for the accused to prove the fact that he had no
such mental stale with respect to the act charged as an offence in that prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Special
‘Court believes it to exist beyond reasonable doubt and not merely when its existence 1s
established by a preponderance of probability.
Explanation —1n this section, “culpable mental state includes intention, motive,
knowledge of a fact and the belief in, or reason to believe, a fact.
Application of Ji. Save as otherwise provided in this Act, the provisions of the Code of Criminal
Code of Procedure, 1973 (including
the provisions.as to bail and bonds) shall applyw the proceedings 2 of 1974
‘Cnminal
Procedure, before a Special Court and for the purposes of the said provisions, the Special Court shall
1973 to be deemed to be a Court of Sessions and the person conducting a prosecution before
Proceedings a Special Court, shall be deemed to be a Public Prosecutor.
before a
Special Court.
32, (/) The State Government shall, by notification in the Official Gazette, appoint a Spies Pabhe
Special Public Prosecutor for every Special Court for conducting cases only under the Prosecutors
provisions of this Act.
(2) Aperson shall be eligible to be appointed as a Special Public Prosecutor under sub-
section (/) only if he had been in practice for not less than seven years as an advocate.
(J) Every person appointed as a Special Public Prosecutor under this section shall be
deemed to bea Public Prosecutor within the meaning of clause (w) of section 20f the Code of
lof 1974 Criminal Procedure , 1973 and provision of that Code shall have effect accordingly