(1) A Designated Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts.
(2) Subject to the other provisions of this Ordinance, a Designated Court shall, for the purpose of trial of any offence, have all the powers of a Court of Session and shall try such offence ag if it were a Court of Session so far as may be in accordance with the procedure prescribed in the Code for the trial before a Court of Session.
(3) Subject to the other provisions of this Ordinance, every case transferred to a Designated Court under sub-section (2) of section 10 shall be dealt with as if such case had been transferred under section 406 of the Code to such Designated Court.
(4) Notwithstanding anything contained in the Code, a Designated Court may, if it thinks fit and for reasons to be recorded by it, proceed with the trial in the absence of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross-examination.
H (1) Notwithstanding anything contained in the Code, all proceedings before a Designated Court shall be conducted in camera:
Provided that where the Public Prosecutor so applies, any proceedings or part thereof may be held in open court.
(2) A Designated Court may, on an application made by a witness in any proceedings before it or by the Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of any witness secret.
Public Prosecutors.
Procedure and powers of Designated Courts.
Protection of witnesses.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PAHI II—
(3) In particular and without prejudice to the generality of the provisions of sub-section (2), the measures which a Designated Court may take under that sub-section may include,—
(a) the holding of the proceedings at a place to be decided by the Designated Court;
(b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgements or in any records of the case accessible to public;
(c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed;
(d) that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner.
(4) Any person who contravenes any direction issued under subsection (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.
15. The trial under this Ordinance of any offence by a Designated Court shall have precedence over the trial of any other case against the accused in any other court (not being a Designated Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance.
16- Where, after taking cognizance of any offence, a Designated Court is of opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction under 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-