Section 36C: Application of Code to proceedings before a Special Court
36C. Application of Code to proceedings before a Special Court.– Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.
Simplified Explanation
Section 36C: Application of Code to proceedings before a Special Court
This section states that, unless otherwise specified in the Narcotic Drugs and Psychotropic Substances Act, 1985, the Criminal Procedure Code (CrPC) applies to the proceedings conducted before a Special Court.
Key Points:
- CrPC provisions: All provisions of the CrPC (including those regarding bail and bonds) apply to Special Court proceedings.
- Special Court as a Court of Session: For the purpose of applying these provisions, a Special Court is treated as a Court of Session.
- Public Prosecutor: The person conducting the prosecution in a Special Court is treated as a Public Prosecutor.
Simplified Explanation:
This means that the regular criminal procedure followed in Sessions Courts applies to Special Courts dealing with cases under this Act. This includes all procedural aspects, such as bail, bonds, and the role of the prosecutor.
