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CHAPTER VII SPECIAL COURTS

Section 28: Designation of Special Courts

The Protection of Children from Sexual Offences Act, 2012

(1) For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act:

Provided that if a Court of Session is notified as a children’s court under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006)or a Special Court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this section.

(2) While trying an offence under this Act, a Special Court shall also try an offence [other than the offence referred to in sub-section (1)], with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974) be charged at the same trial.

(3) The Special Court constituted under this Act, notwithstanding anything in the Information Technology Act, 2000 (21 of 2000) shall have jurisdiction to try offences under section 67B of that Act in so far as it relates to publication or transmission of sexually explicit material depicting children in any act, or conduct or manner or facilitates abuse of children online.

Questions on this section

2 questions in 5 of our papers cite Section 28. Try these from the free papers:

  1. 1. Under Section 28(3) of the POCSO Act, 2012, notwithstanding anything in the Information Technology Act, 2000, the Special Court has jurisdiction to try offences under which section of that Act, so far as it relates to publication or transmission of sexually explicit material depicting children?

  2. 2. Under Section 28(1) of the POCSO Act, Special Courts are designated by:

Practise questions on Special Criminal Laws