Section 438: Application of Code to proceedings before Special Court
This section is for applying the Code of Criminal Procedure to proceedings before a Special Court.
The section, clause by clause
What the section says
In plain terms
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be 1[deemed to be a Court of Session or the court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be,] and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.
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. 87 for “deemed to be a Court of Session” (w.e.f. 7-5-2018).
- 2. Ins. by Act 1 of 2018, s. 88 (w.e.f. 7-5-2018).
- 3. Subs. by s. 89, ibid., for “Court of Session” (w.e.f. 7-5-2018).
- 3. Subs. by s. 90, ibid., for “with fine only”(w.e.f. 9-2-2018).
- 4. Subs. by Act 22 of 2019, s. 39, for “does not exceed five lakh rupees” (w.e.f. 2-11-2018).
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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.