(1) The provisions of this Act shall have notwithstanding anything contained in the Code or any other law, but save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Special Court; and for the purposes of the said provisions of the Code, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court shall be deemed to be a public prosecutor. (2) In particular and without prejudice to the generality of the provisions contained in sub-section (1) , the provisions of sections 326 and 475 of the Code shall, so far as may be, apply to the proceedings before a Special Court, and for this purpose references in those provisions to a Magistrate shall be construed as references to the Special Court. STATE AMENDMENT Manipur Amendment of section 9.-- In section 9 of the Principal Act, after sub-section (2), the following explanation shall be added, namely:-- " Explanation : --The evidence recorded in the trial of a scheduled offence by a Court of Sessions or Magistrate before it or he has ceased to exercise jurisdiction therein shall, for the purpose of section 326 of the Code, be construed as evidence so recorded by the predecessor of the Special Court". [ Vide Manipur Act 11 of 1982, s. 3]Open in Lexace · Ask the AI about this section
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