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The National Investigation Agency Act, 2008


22. Power of State Government to constitute Special Courts.

1.     The State Government may constitute one or more Special Courts for the trial of offences under any or all the enactments specified in the Schedule.

2.     The provisions of this Chapter shall apply to the Special Courts constituted by the State Government under sub-section (1) and shall have effect subject to the following modifications, namely-

              i.        references to "Central Government" in sections 11 and 15 shall be construed as references to State Government;

             ii.        reference to "Agency" in sub-section (1) of section 13 shall be construed as a reference to the "investigation agency of the State Government";

            iii.        reference to "Attorney-General for India" in sub-section (3) of section 13 shall be construed as reference to "Advocate-General of the State".

3.     The jurisdiction conferred by this Act on a Special Court shall, until a Special Court is constituted by the State Government under sub-section (1) in the case of any offence punishable under this Act, notwithstanding anything contained in the Code, be exercised by the Court of Session of the division in which such offence has been committed and it shall have all the powers and follow the procedure provided under this Chapter.

4.     On and from the date when the Special Court is constituted by the State Government the trial of any offence investigated by the State Government under the provisions of this Act, which would have been required to be held before the Special Court, shall stand transferred to that Court on the date on which it is constituted.



The National Investigation Agency Act, 2008 Back




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