Section 440: Transitional provisions
This section provides temporary arrangements for trying offences under this Act until a Special Court is established.
The section, clause by clause
What the section says
In plain terms
Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a 3[Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] exercising jurisdiction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974):
provisoProvided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to transfer any case or class of cases taken cognizance by a 1[Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] under this section.
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).
This section refers to
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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.