CHAPTER V
SPECIAL COURTS
45. Jurisdiction to try offences. The Special Court established under this Act shall have the
exclusive jurisdiction to try an offence cognizable under this Act.
46. Establishment of Special Courts.__(1) The Federal Government and, if so directed by the
Federal Government, the Provincial Government shall, by notification in the official Gazette,
establish as many Special Courts as it considers necessary and appoint a Judge for each of such
Courts and where it establishes more than one Special Court, it shall specify in the notification the
place of sitting of each Special Court and the territorial limits within which it shall exercise
jurisdiction under this Act.
(2) There shall be two classes of Special Courts to try offences under this Act, namely :__
(i) Special Courts having the power to try all offences ; and
(ii) Special Courts having the power to try offences punishable with imprisonment for two
years or less.
(3) No person shall be appointed a Judge of a Special Court referred to__
(i) in sub‑section (2) (i) unless he is or has been a Sessions Judge or an Additional Sessions
Judge; and
(ii) in sub‑section (2) (ii) unless he is a Judicial Magistrate of the First Class.
(4) A person shall be appointed as Judge of a Special Court after consultation with the Chief
Justice of the High Court of the Province in which the Special Court is established.
(5) The Federal Government or the Provincial Government may, in consultation with the Chief
Justice of the High Court, confer the powers of a Special Court referred to__
(i) in sub‑section (2) (i), on any Sessions Judge or Additional Sessions Judge ; and
(ii) in sub‑section (2) (ii), on any Judicial Magistrate of the First Class.
47. Application of the Code of Criminal Procedure, 1898. Except as otherwise provided in this
Act, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to
as the Code (including provisions relating to confirmation of a death sentence) shall apply, to trials
and appeals before a Special Court under this Act.
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