(1) The 1[2[Government of Union territory of Jammu and Kashmir] in consultation with the High Court] may, at any stage of the proceedings before a Special Judge, transfer the case to another Special Judge.
(2) Notwithstanding anything contained in the 3[Code of Criminal Procedure, 1973 (2 of 1974)], when a case is transferred under sub-section (1), the Special Judge to whom the case is transferred shall not be bound to resummon or re-hear the witnesses or any of them unless he is satisfied that such a course is necessary in the interests of justice.
(2) Notwithstanding anything contained in the 3[Code of Criminal Procedure, 1973 (2 of 1974)], when a case is transferred under sub-section (1), the Special Judge to whom the case is transferred shall not be bound to resummon or re-hear the witnesses or any of them unless he is satisfied that such a course is necessary in the interests of justice.
Source footnotes
1. Substituted by Act XL of 1966 for ‘‘Government’’.2. Substituted for “Government” by S.O. 1229 (E) dated 31.03.2020.
3. Substituted for “Code of Criminal Procedure, 1989” ibid
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Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Penalty for aiding the enemySection 4 · Offences triable under this OrdinanceSection 5 · Appointment and jurisdiction of Special JudgeSection 7 · Procedure of Special Judges.Section 8 · Sentences by Special Judges.Section 9 · Review of convictions.India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.