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Home Bare Acts Phrase: triableNarcotic Drugs and Psychotropic Substances Act, 1985 Section 36A
Title: Offences Triable by Special Courts
State: Central
Year: 1985
.....to an accused person in such case who has been forwarded to him under that section; (d) a Special Court may, upon perusal of police report of the facts constituting an offence under this Act or upon complaint made by an officer of the Central Government or a State Government authorised in his behalf, take cognizance of that offence without the accused being committed to it for trial. (2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. (3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High Court may exercise such powers including the power under cluase (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section included also a reference to a "Special Court" constituted under section 36. (4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 26
Title: Courts by Which Offences Are Triable
State: Central
Year: 1973
.....Court of Session, or (iii) any other Court by which such offence is shown in the First Schedule to be triable; 2[Provided that any offence under section 376 and sections 376A to 376D of the Indian Penal Code shall be tried as far as practicable by a Court presided over by a woman.] (b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by.-- (i) the High Court, or (ii) any other Court by which such offence is shown in the First Schedule to be triable. STATE AMENDMENT 1 Uttar Pradesh: In section 26, for clause (b), the following clause shall be substituted, namely:-- "(b) any offence under any other law may be tried- (i) when any Court is mentioned in this behalf in such law, by such Court, or by any Court superior in rank to such Court, and (ii) when no Court is so mentioned, by any Court by which such offence is shown in the Fist Schedule to be triable, or by any Court superior in rank to such Court," _________________________ 1. Vide U.P. Act 1 of 1984, sec. 6 (w.e.f. 1-5-1984). 2. Inserted Vide Code of Criminal Procedure (Amendment).....
View Complete Act List Judgments citing this sectionPublic Gambling Act 1867 Section 14
Title: Offences by Whom Triable
State: Central
Year: 1867
Offences punishable under this Act shall be triable by any Magistrate having jurisdiction in the place where the offence is committed. But such Magistrate shall be restrained within the limits of his jurisdiction under the Code of Criminal Procedure, as to the amount of fine or imprisonment he may inflict.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 208
Title: Supply of Copies of Statements and Documents to Accused in Other Cases Triable by Court of Session
State: Central
Year: 1973
Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following: (i) the statements recorded under section 200 or section 202, or all persons examined by the Magistrate; (ii) the statements and confessions, if any, recorded under section 161 or section 164; (iii) any documents produced before the Magistrate on which the prosecution proposes to rely: Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 209
Title: Commitment of Case to Court of Session when Offence is Triable Exclusively by It
State: Central
Year: 1973
.....the case to the Court of Session. STATE AMENDMENTS 2 Gujarat: In section 209 for clause (a), the following clause shall be substituted, namely:- "(a) Commit the case, after complying with the provisions of section 207 or section 208, as the case may be, to the Court of Session and, subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made". 3 Uttar Pradesh: In section 209 for clauses (a) and (b), the following clauses shall be substituted and be deemed always to have been substituted, namely:- "(a) as soon as may be after complying with the provisions of section 207, commit the case to Court of Session; (b) subject to the provisions of the Code relating to bail, remand the accused to the custody until commitment of the case under clause (a) and thereafter during and until the conclusion of the trial." _______________________ 1. Substituted by Act 45 of 1978, Section 19, for clause (a) (w.e.f. 18-12-1978). 2. Vide President's Act 30 of 1976, Section 2 (w.e.f. 7-7-1976). 3. Vide Uttar Pradesh Act 16 of 1976, Section 6.
View Complete Act List Judgments citing this sectionProtection of Civil Rights Act, 1955 Section 15
Title: Offences to Be Cognizable and Triable Summarily
State: Central
Year: 1955
.....three months, may be tried summarily by a Judicial Magistrate of thefirst class or in a metropolitan area by a Metropolitan Magistrate in accordancewith the procedure specified in the said Code. (2)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of1974), when any public servant is alleged to have committed the offence ofabetment of an offence punishable under this Act, while acting or purporting toact in the discharge of his official duty, no Court shall take cognizance ofsuch offence of abetment except with the previous sanction-- (a)of the Central Government, in the case of a person employed in connectionwith the affairs of the Union; and (b)of the State Government, in the case of a person employed in connectionwith the affairs of a State.] ________________________ 1.Sections 15 and 15A substituted by Act 106 of 1976, section 17, for section 15(w.e.f. 19-11-1976).
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 44
Title: Offences Triable by Special Courts
State: Central
Year: 2002
.....the accused is committed to it for trial. (2) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section includes also a reference to a "Special Court" designated under section 43. _________________________________ 1. Omitted by The Prevention of Money Laundering (Amendment) Act, 2005. Previous text was "upon perusal of police report of the facts which constitute an offence under this Act or" .
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Section 5C
Title: Offences Triable by Designated Court
State: Central
Year: 1982
.....in the Code of Criminal Procedure, 1973, (a) all offences under this Act shall be triable only by the Designated Court specified under subsection (1) of section 5B. (b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2 A) of section 167 of the Code of Criminal Procedure, 1973, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate: Provided that where such Magistrate considers, (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the Designated Court having jurisdiction; (c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under.....
View Complete Act List Judgments citing this sectionRichardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972 Section 26
Title: Offences to Be Triable by a Magistrate of the First Class and Not to Be Compoundable
State: Central
Year: 1972
Notwithstanding anything contained in the Code of Criminal Procedure, 1898-- (a) every offence against this Act shall be triable by a Magistrate of the first class, and (b) no offence against this Act shall be compoundable.
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 6
Title: Offence Triable by Designated Court
State: Central
Year: 2002
.....anything contained in the Code,-- (a) all offences under this Act shall be triable only by the Designated Court specified under sub-section (1) of section 5; (b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate: Provided that where such Magistrate considers,-- (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the Designated Court having the jurisdiction; (c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code, in.....
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