Section 435: Establishment of Special Courts
This section is for setting up Special Courts to provide speedy trials for offences under this Act.
The section, clause by clause
What the section says
In plain terms
(1)The Central Government may, for the purpose of providing speedy trial of 2[offences under this Act, except under section 452, by notification] establish or designate as many Special Courts as may be necessary.
The Central Government can set up or designate Special Courts to quickly try offences under this Act, except those under section 452, by issuing a notification.
(2)A Special Court shall consist of—
A Special Court will have a single judge, who is either a Session Judge, Additional Session Judge, Metropolitan Magistrate, or Judicial Magistrate of the First Class, depending on the type of offence being tried.
(2)(a)a single judge holding office as Session Judge or Additional Session Judge, in case of offences punishable under this Act with imprisonment of two years or more; and
(2)(b)a Metropolitan Magistrate or a Judicial Magistrate of the First Class, in the case of other offences, who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working.]
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Subs. by Act 1 of 2018, s. 86, for “section 435” (w.e.f. 7-5-2018).
- 2. Subs. by Act 29 of 2020, s. 60, for “offences under this Act, by notification” (w.e.f. 22-1-2021).
- 3. Subs. by Act 21 of 2015, s. 22, for “all offences under this Act” (w.e.f. 29-5-2015).
This section refers to
Referred to by
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.