(1) Where any accused, in a trial before a Special Court, has, by his voluntary act, rendered himself incapable of appearing before the Court, or resists his production before it, or behaves before it in a persistently disorderly manner, the Court may, at any stage of the trial, by order in writing made after such inquiry as it may think fit, dispense with the attendance of such accused for such period as it may think fit, and proceed with the trial in his absence.
(2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1), such accused shall be deemed not to plead guilty.
(3) An order undo' sub-section (1) dispensing with the attendance of an ace ced shall not affect his right of being represented by a er at any stage of the trial, or of being present in person if e has become capable of appearing, or appears, in Couri and undertakes to behave in an orderly m anner.
(4) No withstanding anything contained in the Code, no finding; sentence or order passed in a trial before a Special Court shall be held to be illegal by reason of any omission or irregularity whatsoever arising from the absence of any or all of the accused whose attendance has been dispensed with under sub-section (1).
Power to exclude persons or public from precincts of Court.
Power of Special Courts to deal with refractory accused.'
12. A Special Court may pass upon any person convicted by it any sentence authorised by law for the punishment of the offence of which such person is convicted and where the Special Court passes a sentence of death the provisions of Chapter XXVII of the Code shall apply.
Power of Special Courts to pass sentences.
4 The West Bengal Special Courts Act, 1950.
(Sections 13-17.)
[West Ben. Act Power to 13. If in any trial by a Special Court under this Act it convict is found that the accused person has committed any offence, for offence whether such offence is or is not an offence directed under proved.
section 5 to be tried by the Special Court, the Special Court may convict such person of such offence and pass any sentence authorised by law for the punishment thereof.