The Tripura Tribunals of Criminal Jurisdiction Act, 1980

Tripura Act No. 1 of 1JIl
\
The Tripura Tribunals of Criminal Jurisdiction
Act, 1980.

Published in the
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Monday February 2, 1981 A. D.
Magha 13, 1902 S. E.
Government of Tripura
Law Department
No. F. 2(17)-LawjLeg/80. Agartala, the 2nd February, 1981.
The following Act of the Tripura Legislative Assembly
received assent of the President on the 31st January, 1981, and
is hereby published for general information.

TRIPURA ACT NO. 1 OF 1981.
2
THE TRIPURA TRIB ITALS OF CRnUNAL
JURISDICTIO_ ACT, 1980.
An
Act
to provide for the speedy trial of certain offences.
BE it enacted by the Legislative Assembly of Tripura
in the Thirty-first Year of the Republic of India as
follows :-
Short title,
extent and
commencement.
1. (1) This ACl may be called the Tripura Tribunals of
Criminal Jurisdiction Act, 1980.
(2) It extend lo the whole of the latc of Tripura.
(3) It hall come into force at once.
(c) "the High Court" means the Gauhati High Court
(the High Court of Assam, agaland, Meghalaya,
Manipur and Tripura) ;
(d) "Scheduled offences" means any offence speci-
fied in the Schedule;
(e) "Tribunal" means a Tribunal of Criminal Juris-
diction con lituted under sub-section (1) of
sec Lion 4.
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Definitions. 2. In this Act, unless there is anything repugnant in the
ubjcct or context,-
(a) "Code" means the Code of Criminal Procedure,
1973 (2 of H)74) ;
(b) "disturbed area" m ns an area which is declared
by notification under section 3 to be a disturbed
area;

otification of
disturbed area.
Constitution of
Tribunal on
Criminal Juris-
diction.
f
e
I
1 Offences to be
tried by the
Tribunals.
t
3. Where the Slate Government is satisfied that in the
whole or in any part of the State of Tripura-
(i) there was, or
(ii) there is
any extensive disturbance of public peace and tranquility,
it may by not fication in the Official Gazette declare the
whole or any part of the Slate of Tripura lo be a disturbed
area with cff'ec , from such dale as may be specified in the
nolification an lhe notiflcation shall have effect during such
period a may e pecified therein or until it is revoked.
4. (1) The Slate Government shall from time to time, as it
deem' necessary, constitute by notification in the Official
Gazette one or more Tribunals of Criminal Jurisdiclion and
may by like ne tification, abolish any such Tribunals if it
deem uch Tribunals to be no-longer necessary.
(2) The Slate Government shall appoint as a Judge lo
pre idc over Trtbunal, any person who-
(a) i qt.alified under clause (2) of arlicle 217 of the
Constitution of India for appoinlment as a Judge
of a High Court; or
(b) is or has been a Sessions Judge or an Additional
Sessions Judge.
(3) Every Tr.bunal shall have Jurisdiction throughout the
whole of the Str.te of Tripura and shall sit at such place or
place a the St ate Government may, by notificalion in the
Official Gazette, specify in this behalf,
5. (1) chcduled Ofl'ences if commit led in a disturbed area
shall b lriable hy Tribunals only;
Provided that when trying any Scheduled Offence, a
Tribunal may a130 try any offence other than the Scheduled
Offence with w iich the accused may, under the Code, be
charged at the dame lrial if the offence is connected with
the Scheduled Offence.
(2) The di tibutlon amongst the Tribunals of cases
involving Sch d rled Ofl'ences to be tried by them shall be
made by the State Government.

Procedure in
trials before
Tribunals.
Provision where
Services of
Judge presiding
over Tribunal
ceases to be
available.
4
6. (1) A Tribunal may lake cognizance of Scheduled
Offences without the accused b ing comm tted to it for trial
and, in trying accused per ons, hall follow the procedure
prescribed by the Code for the trial of warrant cases by
Iagistrate instituted on a Police report:
Provided that Tribunal shall not Le bound to adjourn
any lrial for any purpose unles uch adjc urnment i " in iLs
opinion, necessary in the interesl of Jusl.ce :
Provided further that for the purpo e 01 ection 275
of the Code, English shall be deemed to b th language of
a Tribunal.
(2) A Tribunal trying a case under thi .. Act may, with a
view to obtaining the evidence of any pU' on uppose:l 1.0
have b en directly or indirectly conccrnc d in or privy 1.0
a Scheduled offence, tender pardon to ucl person on condi-
tion of his making a full and true disclo: ure of the w o.c
of the circumstances within his knowle g ~relating to such
offence and to every other person concerned whether as
principal or abettor, in the commisio .hereof'. and any
pardon so tendered shall, for the purpose of cction 308 of
the Code, be deemed to have been tendered unde r eclion 307
of the Code.
7. (1) If for any reason the services of the per In appointed
as a Judge to preside over a Tribunal cea !s to be available,
the Sta le Government shall as often a 1 .iay e neces sai y
appoint another person having the quaL .ications ref'e -red
to in clause (a) or clause (b) of sub-seclio l (2) of secticn 1,
as a Judge to preside over such Tribunal.
(2) A person appointed under sub-section (1) as a J udge
Lopreside over a Tribunal may act on the .vidence recordc d
by his predecessor or predecessors or p~ rtly recordec t y
himself:
Provided that if the person appoi aled under suh-
section (1) as a Judge to preside over a Tr it unal is of opi: lie n
[hat Further examination of any of the witr esses w. io..e
evidence has already been recorded is necessary in tl.e
intere t of justice, he may resummon any such witness and
after such further examinaLion, cro s- -xamination and
re-examination, if any, as he may permit, the witne s shall
be discharg d.

Power of
Tribunals to
pass sentences
Appeal and
revision.
Exclusion of
interference of
other courts
except High
Court.
Extent to
which the Code
and ordinary
law shall apply.
Indemnity.
5
8. A Tribunal may pa s upon a person convicted by it
any .entcncc auth .iri cd by law for the punishme 1 of the
offence of which .ruch person is convicted a d where 1 e
Tribun 1pa cs a . entcnce of death the provisions of Chap.er
X~ "Ill of the Cod ~ shall apply.
9. (1) Any person convicted on a lrial held by a Tribunal
may appeal to the High Courl.
(2) The Slate Government may direct a public prosecutor
to pre .cnt an appeal to the High Courl from an order of
acquittal pas ed by a Tribunal.
(3) An appeal nder lhis section shall lie either on a
matter of Iacl or on a matter of law or on both.
(4) The period of limitation for an appeal under sub-
section (1) shall b thirty days from the date of the sentence
and for an appeal under s b-section (2) shall be thirty days
from the date of the order of acquittal.
(.)) The High Courl may call for the record of the pro-
ceeding of any case tried by a Tribunal and may in respect
of uch case exercise any I' the powers conferred on a Cor.rt
of app al under eclion-385. eClion-386. ection-3E9.
cction 390 and cction 391 of the Code.
10. .10 Court inferior to the High Courl shall have jur.s-
diction to lran fer any ea c from a Tribunal or save as
otherwi c provided in thi Act. have jurisdiclion of any kind
in re p et of any proceedings before a Tribunal:
Provided that no case pending before a Tribunal shall
be transferred lo any courl except another Tribunal.
11. The provisi ns of the Code or any other law for the
lime being in force, in so far as they may be applicable and
in so far as they are not inconsislenl with the provision of
thi Act, shall apply to all matters connected with ari ing
from, or con cqucnt upon, a trial by a Tribunal con titutcd
under thi Ac la' i r the Tribunal were a Courl of Ses ion
ex rei ing origin I criminal jurisdi lion.
12. . '0 .uit. pr secution or legal proceeding whatever
shall lie again t any person in resp et of anything which is,
in good faith, done r intended to be done under this Act.

Act to override
other laws.
Cognizance of
offence.
Repeal and
savings.
6
13. The pr 'i ions of this Act hall have effect notwilh-
standing anything in this Act which may be inconsistent
with the Indian Penal Code, 1860, the Code. or any other
law.
14. Where. after taking cognizance of any offence a
Tribunal is of opinion that the offence i: nol a cheduled
offence, it shall transfer the case for Lrial to any court
having jurisdiction under the Code and the court to which
the case is tran l'crred may proceed with the a ea' if it
had taken cognizance of the offence.
15.(1) The Tripura Tribunals of Criminal Juri diction
Ordinance, 1980 is hereby repealed.
(2) Notwithstanding such repeal, anything done. any
action taken, all notifications publi sh d, power conferred,
forms prescribed, orders, rules and appointment made
under the said Ordinance hall I l' deemed re spectively to
have been done, taken. published. conferred, pre cribed or
made under the cone ponding provi ion of thi Act.
TIlE SCIlEDCLE
1. Offences punishable under ection 121, ection 121 ,
section 122. section 123, section 124, ection 125, ection 126,
section 127, cction 128, section 129 or ection 130 of the
Indian Penal Code.
2. An offence punishable under cction 302, ecLion 304,
section 307, section 326, section 364, section 365, ection 366,
section 376, section 395, section 396, ection 397, ection -135
or section 436 of the Indian Penal Code.
3. An offence punishable under section 302, section 304,
section 326, section 307, section 395, section 396, section 397,
section 435 or section 436 of the Indian Penal Code, if
commitled in course of a raid on or a riot in any human
habitation or village or dwelling houses or a factory or a
mill or a workshop or a Bank or in relation to transportation
of property to or from a factory, mill workshop or Bank.
4. Offences under the following provisions of the Arms
Act, 1\)59 :-
Sections 25 to 30. ,..

P. K.SARKAR
Deputy Secretary,
Government of Tripura.
o
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5. Offences under the f'ollov ng provisions of the Indian
Explosive Act, 1884 :-
Sections 6(3) to 8(2).
. 6. All offences under the Tripura Security Act, 1980.
7. Any conspIracy to commit or any attempt to commit
or any abetment of any of the offences specified in items
1 to 6.

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