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Report No. 175

7-Q. Immigration Courts

(1) The Chief Justice of the High Court shall designate one or more Sessions Courts in each district as Immigration Courts for the purpose of providing for speedy trial of offences committed under this Act.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, all offences committed under this Act shall be tried by the Immigration Courts on day to day basis.

(3) An Immigration Court may take cognizance of any offence under this Act without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence.

(4) Where an offence triable by the Immigration Court is punishable for a term not exceeding three years or with ne or with both, an Immigration Court may, notwithstanding anything contained in sub-section (1), or section 260 or section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code, shall, so far as may be, apply to such trial:

Provided that when, in the course of a summary trial under this sub-section, it appears to the Immigration Court that the nature of the case is such that it is undesirable to try it in a summary way, the Immigration Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to an Immigration Court as they apply to in relation to a Magistrate:

Provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for an Immigration Court to pass a sentence of imprisonment for a term not exceeding two years.

The Foreigners (Amendment) Bill, 2000 Back

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