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Section 5

The Gujarat Repatriated Prisoners Act, 1949State Act of Gujarat · Act 27 of 1949

(1) The Provincial Government may by order direct any Court, other than the High Court, to enquire into or try any case which may have been pending against a repatriated prisoner immediately before his repatriation :

Provided that-

(a) the offence charged against such prisoner is also an offence under the law in force in the Province ; and

(b) such Court would have been competent to try such offence if it had been committed within the local limits of its jurisdiction.

(2) On the making of an order under sub-section (1), the Court specified in the order shall proceed to enquire into or cry such case according to law, as if the offence to which it related had been committed within the local limits of its jurisdiction, and all the provisions of the Code of Criminal Procedure, 1898, and of all other laws in force in this Province shall, so far as may be, apply to such proceedings.

(3) In any proceedings under sub-section (2), all evidence, both oral and documentary, which has been duly received in the proceedings against the repatriated prisoner held prior to his repatriation, or the copies of such evidence certified under section 76 of the Indian Evidence Act, 1872, may be treated as evidence in the case for all purposes subject to the provisions of the Indian Evidence Act, 1872.

Where this provision sits

ActThe Gujarat Repatriated Prisoners Act, 1949
Section5
JurisdictionState of Gujarat
StatusIn force as published by the source

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