Section 11 in The National Investigation Agency Act, 2008

Title: Power of Central Government to designate Court of Session as Special Courts

Description: 11. Power of Central Government to 1[designate Court of Session as] Special Courts.-- (1) 2[The Central Government shall, in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, for the trial of Scheduled Offences, designate one or more Courts of Session as Special Court] for such area or areas, or for such case or class or group of cases, as may be specified in the notification. 3[Explanation.-- For the purposes of this sub-section, the expression "High Court" means the High Court of the State in which a Court of Session to be designated as Special Court is functioning.] (2) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the Central Government whose decision in the matter shall be final. 4* * * * * (8) For the removal of doubts, it is hereby provided that the attainment, 5[by the Sessions Judge of the Court of Session referred to in sub-section (1)], of the age of superannuation under the rules applicable to him in the service to which he belongs shall not affect his continuance as 6[ judge of the Special Court and the appointing authority in consultation with the Central Government] may by order direct that he shall continue as judge until a specified date or until completion of the trial of the case or cases before him 7[,whichever is earlier]. 8[(9) When more than one Special Court is designated for an area or areas, the senior-most Judge shall distribute the business among them.] 1. Subs. by s. 6, ibid., for "constitute" (w.e.f. 2-8-2019). 2. Subs. by s. 6, ibid., for "The Central Government shall, by notification in the Official Gazette, for the trial of Scheduled Offences, constitute one or more Special Courts" (w.e.f. 2-8-2019). 3. Ins. by s. 6, ibid. (w.e.f. 2-8-2019). 4. Sub-section (3), (4), (5), (6) and (7) omitted by s. 6, ibid. (w.e.f. 2-8-2019). 5. Subs. by s. 6, ibid., for "by a person appointed as a Judge or an additional Judge of a Special Court" (w.e.f. 2-8-2019). 6. Subs. by s. 6, ibid., for "such judge or additional judge and the Central Government" (w.e.f. 2-8-2019). 7. Subs. by s. 6, ibid., for "as may be specified in that order" (w.e.f. 2-8-2019). 8. Subs. by Act 16 of 2019, s. 6, for sub-section (9) (w.e.f. 2-8-2019).

Title: Place of sitting

Description: A Special Court may, on its own motion, or on an application made by the Public Prosecutor and if it considers it expedient or desirable so to do, sit for any of its proceedings at any place other than its ordinary place of sitting.

Title: Jurisdiction of Special Courts

Description: (1) Notwithstanding anything contained in the Code, every Scheduled Offence investigated by the Agency shall be tried only by the Special Court within whose local jurisdiction it was committed. (2) If, having regard to the exigencies of the situation prevailing in a State if,— (a) it is not possible to have a fair, impartial or speedy trial; or (b) it is not feasible to have the trial without occasioning the breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor or a judge of the Special Court or any of them; or (c) it is not otherwise in the interests of justice, the Supreme Court may transfer any case pending before a Special Court to any other Special Court within that State or in any other State and the High Court may transfer any case pending before a Special Court situated in that State to any other Special Court within the State. (3) The Supreme Court or the High Court, as the case may be, may act under this section either on the application of the Central Government or a party interested and any such application shall be made by motion, which shall, except when the applicant is the Attorney-General for India, be supported by an affidavit or affirmation.

Title: Powers of Special Courts with respect to other offences.

Description: (1) When trying any offence, a Special Court may also try any other offence with which the accused may, under the Code be charged, at the same trial if the offence is connected with such other offence. (2) If, in the course of any trial under this Act of any offence, it is found that the accused person has committed any other offence under this Act or under any other law, the Special Court may convict such person of such other offence and pass any sentence or award punishment authorised by this Act or, as the case may be, under such other law

Title: Public Prosecutors

Description: (1) The Central Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors: Provided that the Central Government may also appoint for any case or class or group of cases a Special Public Prosecutor. (2) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. (3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.