Section 5 in The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992

Title: Establishment of Special Court

Description: (1) The Central Government shall, by notification in the Official Gazette, establish a Court to be called the Special Court. (2) The Special Court shall consist of 1[one or more sitting Judges] of the High Court nominated by the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated, with the concurrence of the Chief Justice of India. 2[(3) When the office of 3[a Judge of the Special Court is vacant by reason of absence or leave, the duties of the office shall be performed by such Judge of the High Court within the local limits of whose jurisdiction the Special Court is situated as the Chief Justice of that High Court may, with the concurrence of the Chief Justice of India, nominate for the purpose and the Judge so appointed shall have all the jurisdiction and powers of 3 [a Judge of the Special Court including the powers to pass final orders.] 1 Subs. by Act 6 of 1997, s. 2 for "a sitting Judge"(w. e. f. 16-1-1997). 2 Ins. by Act 24 of 1994, s. 2(w. e. f. 25-1-1994). 3 Subs. by Act 6 of 1997, s. 2, for "the Judge of the Special Court" (w. e. f. 16-1-1997).

Title: Distribution of cases amongst Judges of Special Court

Description: 1[5A.Distribution of cases amongst Judges of Special Court.--Where the Special Court consists of two or more Judges, the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated may, from time to time, by general or special order, make provisions as to the distribution of cases amongst the Judges and specify the matters which may be dealt with by each of such Judge.] 1 Ins. by s. 3, ibid. (w. e. f. 16-1-1997).

Title: Cognizance of cases by Special Court

Description: The Special Court shall take cognizance of or try such cases as are instituted before it or transferred to it as hereinafter provided.

Title: Jurisdiction of Special Court

Description: Notwithstanding anything contained in any other law, any prosecution in respect of any offence referred to in sub-section (2) of section 3 shall be instituted only in the Special Court and any prosecution in respect of such offence pending in any court shall stand transferred to the Special Court.

Title: Jurisdiction of Special Court as to joint trials

Description: The Special Court shall have jurisdiction to try any person concerned in the offence referred to in sub-section (2) of section 3 either as a principal, conspirator or abettor and all other offences and accused persons as can be jointly tried therewith at one trial in accordance with the Code.

The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992