Last Change:

12/26/2024

The Speedy Trial Tribunal Act

Year: 2002

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Act came into action to establish Speedy Trial Tribunal for the speedy trial of certain crimes. The jurisdiction of this tribunal is determined by section 5 which states 'This Tribunal may try only such cases that the Government may, by notification in the official Gazette, transfer to Speedy Trial Tribunal.' As per the Act, the Tribunal is supposed to dispose a case within 90 working days (section 10) subject to the reasonable grounds for any delay. The Act does not limit its application for citizens only, hence it can be applied for refugees as well.

Selected provisions
Section 3: Definitions

In this Act, unless there is anything repugnant in the subject or context-
(a) “Court” means a Court of Session, a Special Court and a Court of Magistrate;
(b) “Speedy Trial Tribunal” means the Speedy Trial Tribunal established under section 4;
(c) “Court of Session” means a Court of Session constituted under the Code of Criminal Procedure, 1898 (Act No. V of 1898);
(d) “Code of Criminal Procedure” means the Code of Criminal Procedure, 1898 ( Act V of 1898);
(e) “Special Court” means the Special Tribunal constituted under Special Powers Act, 1974 (Act No. XIV of 1974), the Prevention of Violence against Women and Children Tribunal constituted under Prevention of Violence against Women and Children Act, 2000 (Act No. 8 of 2000), the Acid Crimes Prevention Tribunal constituted under Acid Crimes Prevention Act, 2002 (Act No. 2 of 2002); and
(f) “Court of Magistrate” means a Court of a Magistrate of any class or of any rank or of any name as referred to in the Code of Criminal Procedure.

Section 4: Establishment of Speedy Trial Tribunal

(1) To carry out the purposes of this Act the Government shall, by notification in the official Gazette, establish as many Speedy Trial Tribunal throughout the country as may be necessary.
(2) Where more than one tribunal is constituted under sub-section (1) the Government shall specify in the notification constituting such tribunals the area of jurisdiction for each Speedy Trial Tribunal.
(3) Each Speedy Trial Tribunal shall consist of one Judge and such Judge shall be appointed from among the officers of the Judiciary Division who are of the rank of a District Judge.
(4) A speedy Trial Tribunal may sit and hold its proceedings at any of such place or places as the Government may determine.

Section 5: Jurisdiction

This Tribunal may try only such cases that the Government may, by notification in the official Gazette, transfer to Speedy Trial Tribunal.

Section 6: Transfer of case

The Government may, by notification in the official Gazette, in the public interest, transfer any such case relating to murder, rape, firearms, explosive and drugs which are under trial at any of its stages from, as the case may be, a Court of Session or a Special Court or a Court of Magistrate to a Speedy Trial Tribunal for its trial.

Section 9: Special procedure for trial

(1) For the trial of a case transferred to a Speedy Trial Tribunal Chapter XX of the Code of Criminal Procedure shall, as far as it does not conflict with this Act, apply.
(2) Unless the maximum punishment for any offense relating to such case as referred to in sub-section (1) is death or imprisonment for life or imprisonment for a term not exceeding seven years, that case shall be tried summarily and in so doing Chapter XXII of the Code of Criminal Procedure shall, as far as possible, be pursued.
(3) In case of disposal of an application for release of such person on bail who was accused or convicted in a case transferred to a Speedy Trial Tribunal, such provisions which would have been applicable if the application had been submitted to the Court from where the case has been transferred shall apply.

Section 13: Trial of other offenses involved with an offense under trial

Notwithstanding anything contained in this Act, if some other offense is involved in such a manner with an offense under trial in a Speedy Trial Tribunal that in the interest of justice such offense is required to be tried together with the offense under trial, the other offense shall be tried together with the offense under trial in the Speedy Trial Tribunal in such a manner as if that case has been transferred to the Speedy Trial Tribunal.

Section 14: Appeal

Any appeal against the final verdict of a Speedy Trial Tribunal may be made to the High Court within thirty days from the date of passing of the final verdict:
Provided that the time taken for getting the certified copy of the verdict shall be excluded therefrom.

Section 16: Evidential value of photographs taken by camera or recorded conversation, etc.

(1) If the police or any member of the law enforcing force or any other person records any video or takes any still photograph, or records any conversation or discussion on a tape record or disc during the commission or preparation for the commission of any offense, or any event in connection with the abetment of such commission, such video, still photograph, tape or disc shall be admissible as evidence in the trial of such offense:
Provided that the Speedy Trial Tribunal shall not punish the accused person merely on the basis of such evidence.