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Section 12: Special courts to follow summary procedure

Bihar Special Courts Rule ,2010State Rules of Bihar · 2010

(a) On institution of a case or transfer of pending proceeding to the Special Courts, trial shall be held in summary manner.

(b) After institution of a case or transfer of a pending proceeding the special court shall cause issuance of summons to the delinquent public servant immediately.

(c) On service of summons, if the accused appears, he may be committed to judicial custody or may be released on bail, in exercise of power conferred under Sections 439 and 440 of the Code, provided the delinquent public servant has not already been released on anticipatory bail.

(d) The special court shall pass reasoned order for refusing to release the delinquent public servant on bail.

(e) If the delinquent public servant does not appear before the special court on issuance of summon, it shall be open to the court to secure his attendance by issuance of bailable or non-bailable warrant of arrest as he may deem fit. On production of delinquent public servant, in pursuance of execution of nonbailable warrant, the special court may in its discretion release him on bail or send him to judicial custody and in all such cases he shall pass reasoned order.

(f) The delinquent public servant shall be put on trial and shall be afforded opportunity to lead evidence in support of his defence. If the special court, on the evidence of delinquent public servant is, prima facie, satisfied that he has been able to discharge his onus, the prosecution shall be called upon to lead its evidence to prove the charges against the delinquent public servant.

(g) The special court may allow the prosecution to lead the oral and documentary evidence in support of charges.

10 �बहार गजट (असाधारण)] 11 फरवर� 2010

(h) On conclusion of evidence by the delinquent public servant and prosecution, the special court shall proceed to adjudicate the proceeding before him and may declare the delinquent public servant offender or may acquit him, as he may consider fit in the interest of justice.

Where this provision sits

ActBihar Special Courts Rule ,2010
Section12
Marginal noteSpecial courts to follow summary procedure
JurisdictionState of Bihar
StatusIn force as published by the source

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