Section 8 in The Rajasthan Dacoity Affected Areas Act, 1986
8. Procedure and powers of Special Courts
(1)A special court may take cognizance of any scheduled offence-(a)upon receiving a complaint of facts which constitute such offence, or(b)upon a police report of such facts, or(c)upon information received from any person or a police officer, or upon its own knowledge that such offence has been committed.(2)A special court shall, while trying a scheduled offence, follow the procedure as prescribed by the Code for the trial of a sessions case,Provided that a special court may, wherever necessary, perform the functions of a magistrate under section 207 of the Code and proceed to try the case as if the case had been committed to the court of session for trial under the provisions of the Code.(3)Save as otherwise expressly provided in this Act, the provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872) and the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a special court and for the purpose of the said provisions of the Code, the special court shall be deemed to be a court of session to be deemed person conducting the prosecution before the special court shall be deemed to be a Public Prosecutor.(4)A special court may with a view to obtaining the evidence of any person suspected to have been directly or indirectly concerned with, or privy to, any scheduled offence, tender pardon to such person on the condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, with the commission there of. Any pardon so tendered shall, for the purposeof section 308 of the Code, be deemed to have been tendered under section 307 thereof.(5)A special court may pass upon any accused person convicted by it any sentence prescribed by law for the offence of which such person is convicted.
