The West Bengal Special Courts Act, 1950

West Bengal Act X of 1950 
THE WEST BENGAL SPECIAL COURTS ACT, 1950. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 15th March, 1950.] 
An Act to provide for the speedier trial of certain offences. 
WHEREAS it is expedient to provide for the speedier trial of certain offences; 
It is hereby enacted as follows :- 
West Ben. 
Ord. II1 
of 1949. 
1. (1) This Act may be called the West Bengal Special Courts Act, 1950. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on the date on which the 
West Bengal Special Courts Ordinance, 1949 ceases to operate. 
Short 
title, 
extent 
and com-
mence-
mont. 
2. In this Act unless there is anything repugnant in Dofini- the subject or context,—. 	 tions. 
-Act V of 	 (a) "the Code" means the 'Code of Criminal Procedure, 1898. 	 1898; 
(b) "Special Court" means a Special Court of criminal 
jurisdiction constituted under section 3. 
3. The State Government may, by notification in the Official Gazette, constitute Special Courts of criminal 
jurisdiction for such areas and to sit at such places as may 
be specified in, the notification and more than one Special 
Court may be constituted for the same area or to sit at the same place : 
Provided that a Special Court may, if it is satisfied that 
it will tend to the general convenience of parties or wit-
nesses in any particular case, sit for the trial of that case at 
a place other than the place so specified. 
4. The State Government may appoint as a Special 
Judge to preside over a Special Court any person who— 
(a) is or has been, or is qualified under clause (2) of article 217 of the Constitution of India for appointment -  as, a Judge of a High Court, or 
(b) has, for a period of not less than three years, been 
a Sessions Judge or an Additional Sessions Judge. 
Special 
Courts. 
Special 
Judge. 
Matters 
to be 
tried by 
Special 
Courts. 
The West Bengal Special Courts Act, 1950. 
(Sections 5-7.) 
[West Ben. Act 
5. (1) A Special Court shall try such offences or classes 
_of offences or cases or classes of cases, as the State Gov-
ernment may, by general or special order in writing, direct. 
(2) No direction shall be made under sub-section (1) for 
the trial of an offence for which an accused person was being 
tried at the commencement of this Act before any Court. 
but, save as aforesaid, such direction may be made in respect 
of an offence, whether such offence was committed before or 
after the commencement of this Act: 
Procedure 
of Special 
Courts. 
Transfer 
of cases 
from one 
Special 
Court to 
another. 
6. (1) A Special Court may take cognizance of offences 
without the accused being committed to it for trial, and in 
trying accused persons shall follow the procedure prescribed 
by the Code for the trial of warrant cases by Magistrates: 
Provided that for the purpose of sub-section (1) of section 
356 of the Code, English shall be deemed to be the language 
of a Special Court and where under the provisions of that 
sub-section the evidence of witnesses is taken down in the 
presence and hearing and under the personal direction and 
superintendence of a Special Judge appointed under section 
4 and not by such Special Judge himself, the provisions of 
sub-section (3) of section. 356 shall not apply. 
(2) In matters not coming within the scope of sub-sec-
tion (1),. the provisions, of- the Code, so far as they are not 
inconsistent with this Act, shall apply to the proceedings 
of a Special Court; and for the purposes of the said provi-
sions a Special Court shall be deemed to be a Court of 
Session. 
(3) A Special Court trying under this Act an offence 
may ?, with a view to obtaining the evidence of any person 
supposed to have been directly or indirectly concerned in, 
or privy to, the offence, tender a pardon to such person. on 
condition of his making a full and true disclosure of the 
whole circumstances within his knowledge relative to the 
offence and to every other person concerned, whether as 
principal or abettor, in the commission thereof. Any par—
don -  so tendered shall, for the purposes of sections 339 -  and 
339A of -the Code, be deemed to have been tendered under 
section 3a8 of the Code. 
7. (1) The State Government may at any stage of 
the proceedings before a . Special Court transfer a case to 
another Special Court: 
(2) . Notwithstanding anything contained in .the Code 
when a case is transferred under. sub-Section (1),. the Special 
Court to which the case is transferred shall not be bound 
to resummon or re-hear the witnesses or any of them unless 
it is satisfied that such a course is.necessary in the interests 
of justice. 
The West Bengal Special Courts Act, 1950. 	 3 
• (Sections 8-12. ) 
X of 1950.] 
8. A Special Court may for reasons to be recorded in 
writing refuse to summon any witness if satisfied after 
examination of the accused that the evidence of such witness 
will not be material. 
9. (1) A Special Court shall not be bound to adjourn a 
trial for any purpose unless such adjournment is, in its 
opinion, necessary in the interests of justice. 
(2) A Special Court shall not be required to grant an 
adjournment for the purpose of securing the attendance of a 
legal practitioner, if, in its opinion, such adjournment would 
cause unreasonable delay. 
Power to 
refuse to 
summon 
witness 
whose 
evidence 
is not 
material. 
Adj o urn - 
tnonts. 
10. A Special Court may, if it thinks fit, order at any 
stage of a trial that the public generally, or any particular 
person, shall not have access to, or be or remain in, the room 
or building used by the Court. 
11. (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. 
14. (1) Notwithstanding anything contained in sec-
tion 386 of the Code, where any offender has been sentenced 
by a Special Court to pay a fine, the Court may recover the 
fine by the issue of a warrant for the levy of the amount by 
attachment and sale of any property, movable or immovable, 
of the offender. 
(2) Notwithstanding anything contained in section 545 
of the Code, a Special Court may, when imposing a fine on 
any _person convicted by the Court, order the whole or any 
part of the fine recovered to be applied— 
(a) in the payment to any person affected by the offence 
of compensation for any loss, injury or annoyance 
caused by the offence, or . 
(b) in the payment of a reward to any person who has 
given information leading to the detection of the 
offence or to the conviction of the accused. 
Appeals. 	 15. (1) Any person convicted on a trial held by a 
Special Court may appeal to the High Court. 
Exclusion 
of inter-
ference of 
other 
courts. 
Applica-
tion of 
ordinary 
law. 
(2) The State Government may direct a Public 
Prosecutor tp present an appeal to the High Court from an 
order of acquittal passed by a Special Court. 
(3) An appeal under this section may lie on a matter of 
fact as well as on a matter of law. 
, (4) The period of limitation for an appeal under sub-
section (1) shall be thirty days from the date of the sentence 
and for an appeal under sub-section (2) shall be thirty days 
from the date of the order of acquittal. 
16. Notwithstanding the provisions of the Code, or of 
any other law for the time being in force, or of anything 
having the force of law by whatsoever authority made or 
done, there shall, save as provided by•this Act, be no appeal 
from any order or sentence of a Special Court and, save.as 
aforesaid and subject to the Constitution of India, no Court 
shall have authority to revise such order or sentence, or to 
transfer any case from a Special Court, or to make any order 
under section 491 of the Code, or have any jurisdiction of 
any kind in respect of any proceedings of a Special Court 
or in respect of any direction made under this Act. 
17. The provisions of the Code or of any other law for 
the time being in force, in so far as they may he applicable 
and in so far as they are not inconsistent with the provisions 
of this Act, shall apply to all matters connected with, arising 
from or consequent upon a trial by a Special Court consti-
tuted under this Act. 
Special 
rule 
about 
fine. 
The W est Ben -gal ,Special (Jour is Act, 1950. 	 5 
(Sections 18, 19.) 
West Ben. 
Ord. III 
of 1949. 
X of 1950.] 
18. No suit, prosecution or other legal proceedings 
whatsoever shall lie against any person for or on account 
of or in respect of any sentence passed or any act ordered 
or done by him in good faith whether in exercise of any 
jurisdiction or power conferred or purporting to have been 
conferred on him by or under this Act or in carrying out 
any sentence passed by a Special Court in exercise of any 
jurisdiction as aforesaid. 
19. Any order, direction or appointment made, •any 
notification issued, any Special Court constituted, any pro-
ceedin: commenced. Rny action taken or anything whatso-
ever done in exercise of any power conferred by or under 
the West Bengal Special Courts Ordinance, 1949, shall, on 
the said Ordinance ceasing to operate, be deemed to have been 
made, issued, constituted, commenced, taken or done in 
exercise ,of the powers conferred by or under this Act as if 
this Act had commenced on the 17th day of August, 1949. 
Indem-
nity. 
Continu-
ance of 
action 
taken 
under 
West 
Bengal. 
Ordinance 
III of 
1949. 
WBGP-5011-158A-4,500 

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