Section 22 in Jammu and Kashmir Criminal Laws (Amendment) Act, 2013
22. Insertion of section 259AA, Act XXIII of 1989.
- After section 259A of the Code of Criminal Procedure, the following section shall be inserted, namely: -"259AA. Special Procedure in offences of sexual assault. -(1) The trial of offences under section 376, section 376A, section 376B, section 376C, section 376D and section 376E shall commence within one week from the date of the presentation of the police report under section 173 of this Code and shall as far as possible be completed within a period of six months. The proceedings of the Court shall preferably be held on day to day basis:Provided that a report on the status of the trail shall be sent by the Trail Court to the High Court after every after every three months with reasons of non-conclusion of trial.(2)The witnesses of the prosecution shall be bound to appear before the Court on the date fixed for the hearing on a notice received from Investigating Officer, Public Prosecutor or Court.(3)The list of defence witnesses shall be submitted by the accused within two working days of the closure of prosecution evidence and recording of statement of the accused, if any. These witnesses shall be summoned and served by the Court:Provided that the court may at the request of the defence summon witnesses other than those included in the list for reasons to be recorded.(4)When trying any under any case under sub-section (1), the Court may also try any offence other than an offence specified in said sub-section with which the accused may under this Code be charged at the same trial."
