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Section-44 Offences tribal by Special Courts


Section-44 Offences tribal by Special Courts.-

1.     Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-

a.     the scheduled offence and the offence punishable under section 4 shall be tribal only by the Special Court constituted for the area in which the offence has been committed: Provided that the Special Court, trying a scheduled offence before the commencement of this Act, shall continue to try such scheduled offence; or

b.    a Special Court may, upon perusal of police report of the facts which constitute an offence under this Act or upon a complaint made by an authority authorised in this behalf under this Act take cognizance of the offence for which 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



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