(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a 1 of1872.
confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or on any mechanical or electronic device like cassettes, tapes or sound tracks from out of which sound or images can - be reproduced, shall be admissible in the trial of such person for an offence under this Ordinance or rules made thereunder.
(2) A police officer shall, before recording any corlfession made by a person under sub-section (1) explain to such person in writing that he is I not. bound to make a confession and that if he does so, it may be used against him:
Provided that where such person prefers to remain silent, the police officer shall not compel or induce him to make any confession.
(3) The confession shall be recorded in an atmosphere fiee from threat or inducement and shall be in the same language in which the person makes it.
SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 27
(4) The person from whom a confession has been recorded under sub-section (I), shall be produced before the Court of a Chief:
Metropolitan Magistrate or the Court of a Chief Judicial Magistrate along with the original statement of confession, written or recorded on mechanical or electronic device within forty-eight hours.
(5) The Chief Metropolitan Magistrate or the Chief Judicial Y Magistrate, shall, record the statement, if any, made by the person so produced and get his signature or thumb impression and if there is any complaint of torture, such person shall be directed to be produced for medical examination before a Medical Officer not lower in rank than I an Assistant Civil Surgeon and thereafter, he shall be sent to judicial b custody.
33. Where, after taking cognizance of any offence, a Special Court is Power to transfer of the opinion that the offence is not triable by it, it shall, cases to regular courts.
notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction \ sunder the Code and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence.