Section 5 in The West Bengal Criminal Law Amendment (Special Courts) Act, 1949.
5. Procedure and powers of Special Courts.
(1)A Special Court may take cognizance of offences in the manner laid down in clauses (a) and (b) of sub-section (1 ) of section 190 2 of 1974, of the Code of Criminal Procedure, 1973, without the accused being committed Lo his Court for trial, and in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973, for the trial by Magistrates of warrant cases —(a)instituted on a police report;(b)instituted otherwise than on a police report:Provided that a Special Court shall not be bound to adjourn trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice.(1A)For the avoidance of doubt, it is hereby declared that any appeal, application, complaint, trial, inquiry or investigation in respect of any warrant case referred to in sub-section (1), pending at the date of commencement of the West Bengal Criminal Law Amendment (Special Courts) Amending Act, 1990, shall be continued, held, made, dealt with or disposed of, as the ease may be, in accordance with the provisions of sub-section (1) as amended by the said Act.(2)A Special Court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and lo every other person concerned, whether as principal or abettor, in the commission thereof; and any pardon so tendered shall, for the purposes of section 308 of the Code of Criminal Procedure, 1973, be deemed to have been tendered 2 of 1974. under section 307 of that Code.(3)Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973, shall, in so far as they are not inconsistent with this Act, apply to the proceedings of a Special Court, and for the purposes of the said provisions, a Special Court shall be deemed to be a Court of Session trying cases without a Jury, and a person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.(4)A Special Court may pass any sentence authorised by law.
