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Section 7: Procedure of Special Judges.

The Enemy Agents Ordinance, 2005 (1948 A.d.)Union territory Act of Jammu and Kashmir · Act 8 of 1948

(1) A Special Judge may take cognizance of an offence without the accused being committed to his Court for trial, and, in trying accused persons, shall follow the procedure prescribed by the [Code of Criminal Procedure, 1973 (2 of 1974)], for the trial of warrant cases by Magistrates :

Provided that a Special Judge shall ordinarily record a memorandum only of the substance of the evidence of each witness examined, may refuse to summon any witness if satisfied after examination of the accused that the evidence of such witness will not be material and shall not be bound to adjourn any trial for any purpose unless such adjournment is in his opinion necessary in the interests of justice.

(2) In matters not coming within the scope of sub-section (1), the provisions of the [Code of Criminal Procedure, 1973 (2 of 1974)], so far as they are not inconsistent with this Ordinance, shall apply to the proceeding of a Special Judge ; and for the purposes of the said provisions, the Court of the Special Judge shall be deemed to be a Court of Sessions.

Where this provision sits

ActThe Enemy Agents Ordinance, 2005 (1948 A.d.)
Section7
Marginal noteProcedure of Special Judges.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted for “Code of Criminal Procedure, 1989” ibid.

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