The Tribunals Of Criminal Jurisdiction Act, 1952

@. 
West Bengal Act XIV of 1952' 

TEE TRIBUNALS OF CRIMINAL JURISDICTION 
ACT, 1952. 

AMENDED . . Wcs~ Ben. Act XVZI of 1956. 

At1 Acr 10 provide for ilte speedy ~ n u i  of cerraill ofiettces. 

WHERUS il is  expcdienr in the in~ercsrs of the security of thc Slate, Ihc 
mainlcnance of public pcace and tranquillily and h e  due safcguarding of 
indushy and business, LO provide for h e  speedy vial of thc offences 
speciiicd in h e  Schedule; 

I! is hereby cnacted as follows:- 

1. (1) This ACL may be called [he Tribunals of Criminal Jurisdic lion shon ,irle, 
Acl 1952. 

. (2) It cxtends ro the wholc of Wesr Bcngal. 
Wcs t Ben. (3) Ir shall come inlo iorce immedialely on the Tribunals of Criminal 
Ord. I or 
1951. Jurisdicdon Ordinance, 1952, ceasing lo operalc. 

2. In !his Act unless there is any thing repugnant in !hc subject or mfiniiiom. 
conlex 1,- 

~ c r  v of (a) "the Code" mcans the Code OF Criminal Procedure, 1898; 
1898. 

(b) "dislurbcd area" mcans an area in which in the opinion oithe 
State Govcrnment- 
(i) there was, or 

(ii) lhcre is 
any exrensivedisturbnnce of lhc public peaccmd ~ranquiHi ry 
and in respect of which area h e  S~atc Governmc~lt has issued 
a nohfication declaring such area lo be a disturbed area. In 
cases Calling underclausc(i) the notification stla11 have effect 
during such period as may bc specified therein, and in cases 
M i n g  under cfausc (ii) the noti Fication shall have effcct from 
such dare as may be specified in [he nolification until the 
nolification is revoked; 

(c) "the High Coun" rncans [he High Courr in Calculra; 
(d) "schedultkl offencc'' means any offencc specified in the 

Schedule; 
(e) "Tribunal" means a Tribunal of Criminal Jurisdicrion 

consdtuted under sub-scclion ( 1 )  of seclion 3. 

'For Sutcrncnt oTOhjrch md Rmonr.  see the Calc~rrta Ga:cr!e, hrrnordir~nrj: daied 
the 181h June, 1952. Pi. IVA, page 1274; or -dings or the Wcst Bcngd Legislarive 
Aacrnbly. J C ~  ~ h c  Proceedings of h c  mcelings of ~ h c  West B e n d  Legislaivc Assembly 
held on h e  Isr, 7rh, gth, 9h  md I01h July, 1952, and Tor Proceedings of rhc We51 Bcngal 
hgislnrive Council, fee the piwetdings of 1he meeting of the Wcsr Bcngal Lcgislalivc 
Council held on h c  261h July. 1952. 



77le Tribrrtrals of Crirrri~~al Jrrrisdiction Act, 1952. 

[West Bcn. Act 

Consli~u~ion' ' 3. ( 1 )  The Srarc Government shall horn time to ~ imc ,  as it deems 
nCTribhals 
ofcriminal necessary, conslitutc by 'notilicalion in [hc Oficial Gaze/~e one or morc 
jufidicljon. Tribunals ofcriminaljurisdic~ion and may by likc notilicalion, abolish any 

such Tribunal i r i l  deems such Tribunal to bc no longer necessary. 

(2) Thc Slate Government shall appoint as a Judge lo presidc over a 
Tribunal, any person wh- 

(a) is or has been, or i s  qualified undcr clause (2) of micle 21 7 
of  thc Consti~ution of India for appointmcn~ as, a Judge of a 
High Cour~, or 

(b) has, Tor n period of no[ less lhan onc year, been a Sessions 
Judge or an Additional Sessions Judge. 

(3) Every Tribunal shall have jurisdic~ion throughout [he wholc of 
Wcsl Bengal and shall sit at such place or places as thc Srale Governmcnl 
may, by Ino~ficadon in thc Oficinl Gazerre. specify in this behalf. 

4. ( I )  Scheduled ofrcnces shall bc uiable by Tribunals only: 
Providcd that when hying any cuc, a Tribunal may also hy any 

offencc other than a schcduled offcncc, with which the accuscd may under 
the Code be charged at the samc vial. 

(2) Thedistribulion amongst ~hcTribunalsoicases involvingscheduled 
ofrcnces ro be tried by them shall be madc by h e  Starc Government. 

Pmcedurc in 5. ?[(1)] A Tribunal may take cognizance of scheduled oFfenccs 
1rials kT0l-e 
~ r i b ~ ~ ~ l ~ .  withou~ the accuscd bcing commi~cd  to it for kid and, in hying accuscd 

persons, shall rollow the procedurc prescribed by IheCodc for  he trial of 
warranl cases by Magismares ?[insrilu~ed othcnvise than on a policc 
rcpon]: 

Providcd l h a ~  a Tribunal shall no1 be bound to adjourn any [rial for any 
purpose unless such adjournment is, in its opinion, necessary in the 
inrcrcsrs of jus~ice: 

Provided further h a [  for the purpose of sub-section ( 1 )  of section 356 
of the Code. English shall bc dccmed to bc the language of a Tribunal and 
where undcr he provisions of that sub-sccuon thc cvidence or witnesses 
is laken down in [he prescncc and hearing and under the personal direction 
and superinlendcnce of ~ h c  Judge presiding overa Tribunal and not by such 
Judge himsclf, the provisionsof subsection (3) ofsection 356shall nolapply. 

'Forno~iiica~ioni~ucdundersubsccuons(l)md (3)ofsection3oflhc Aclconsliluting- 
(a) ihrec Tnbunds or Criminal Juri5diclion and spciry ing heir  places olsining,  re 

Notificalion No. 4633J., datcd 22.8.52. published in thc Calcrrrru Gd:tllc. 
F-lrrurtrdilrfln. oi 1952. Pan I, page 1536. 

(b> n Tribunal of Crinilnd Jurisdic~ion to be referred to as the Founh Tribunal and 
fixing Alipore as the place of sitting. $re Notiliurioii No. 21631.. drued 19.4.55. 
published in !he Calorrta Gozerrc of 1955. Pan I. page 1713. 

:Secrion 5 was rc-numbered ns sub-scction ( I) o f h ~  scaion and in said sub-sccriw 
3s so re-numbcrrrlrhe words within squmbnckers wen: inscdcd by s. ?(I) oirheTnbunds 
olCritiiinal Jurisdic~ion (Alncndmcnl) Act, 1956 (Wcst Bcn. Act XYII or 1956). 



Tlte Trihrrrrals of Crirei~~ai Jrtrisdicrior~ Act, 1952. 

XIV of 1952.1 

'(2) A Tribunal uying a case under this ACL may. with a view 10 
' 

obtaining the evidencc of any person supposed 10 have been direcrly or 
indireclly concerned in ,  or privy to, a scheduled offencc, ~endcr a pardon 
10 such person on condition of his making a full and lrue disclosure of the 
whole of rhc circums~ances within his knowledge relativc to thc offence 
and lo every otIicr pcrson concerned, whelhcr as principal or abeuor, in thc 
commission thereot and any pardon so tendered shall, For the purposes of 
scctions 339 and 339AoFlhcCodc, bc deemed to have bccn tcndered under 
sccrion 338 of thc Code. 

6. (1) If for any r ezon  the serviccs or rhc person appoinrcd as a 
Judge toprcsidcovcraTribuna1 ceases lo beavailable, the S!a[e Govcrnmcnt 
shall as ofien as may bc nccessary, appoint anorhcr person having the 
qualifications referred LO in clause (a) or clause (b) of sub-section (2) OF 
scction 3, as a Judge to prcsidc over such Tribunal. 

?(2) A person appointed undcr sub-section (1) as a Judgc to preside 
over a Tribunal may act on thc cvidcnce recorded by his prcdcccssnr or 
predecessors or partly recorded by his prcdcccssor or predcccssors and 
parlly recorded by himself: 

Provisio~~ 
where 
scwims of 
Judge 
presiding 
over 
Tribunal 
ccascs ro be 
avilablc. 

Provided that iirhc pcrson appoinled undcr sub-section ( I  ) as a Judgc 
10 prcsidc over a Tribunal is ol  opinion thal furlher cxnminadon of any of 
thc wirhncsscs whose evjdencc has already been recorded is necessary in 
the interests orjustice, Ile may rcsurnrnon any such wirness and after such 
hnher examination, cross-examina~ion and rc-cxaminalion, if any, as hc 
may pcrmil, the witness shall bc discharged. 

7. ATribunal m a y  pass upon any pcrson convicted by it any scnrcnce powcror . . 
authorised by law for h e  punishment of ihc ofrcncc of which such person Tribundslo 

P== is convicled and wherc thc Tribunal passes a senlcncc of death the SenLcnccs. 
provisions of Chapter XXVII of he  Code shall apply. 

8. (1)  Any person convicted on a &id hcld by aTribuna1 may appeal ~ p p d s  a d  
to rhe High Court. rtvision. 

(2) The Stale Govcmnienl may direcl a Public Pruseculor Lo prescnt 
an nppcal to the k g h  Courl from an orderofacquit~nl passed by a Tribunal. 

(3) An appeal undcr this section shall lie either on a marlcr of fact or 
on a matter OF law or on borh. 

(4) The period of limitation for an appal  undcr sub-seclion (1) shdl 
be lhiny days from [he darc or [he sentence and for an appcal under sub- 
seclion (2) shall be lhiny days from the dale of the ordcr of acquittal. 

- - 

'Ancr section 5, rc-numkrtd ,as sub-scction (1)  of that section, this sub-sccuon (2) was 
added with rcshmspcc~ive e k c i  by s. 2(2) or h e  Ttibunals or Criminal Jurisdicrion 
(Amcndmcn[) Acl. 1956 (\Vw Bcn. Act XVII of 1956). 

'This  sub-secrion was subsiiiuird for h e  ori~nd sub-scc~ion by s. 3, ibid. 



[West Ilcn. Aci 

Enclusion of 
inrtrCc~nvc 
olclthcr 
couns 
cnccpl High 
Coun, 

Exlcnr to 
which thc 
Code and 
oridinvy 
l a w  ?hall 
apply. 

Act lo 
orrrridz 
orhcr law. 

(5) The High Court may call for [he record of ~ h c  proceedings of any 
case tried by a Tribunal and may in respecl of such casc exercise any of [he 
powers canfcrrcd on a Courl of Appeal undcr scclion 423, section 326, 
section 427 and section 428 of the Codc. 

9. No Coun excepring thc High Coun shall have jurisdiclion lo 
lransfer any case from a Tribunal or save as othcrwisc provided in this Act, 
havc jurisdicrion o i  nny kind in respect of any ~~rocccdings before a 
Tribunal: 

Providcd h a t  no case pending bcforc aTribunal shall be bansfcrrud lo 
any Court except another Tribunal. 

10. The provisions of h c  Codc or of any other law lor rhc timc being 
i n  force, in so Tar ns [hey may be applicahlc and in so far as they are no1 
inconsislcn~ wilh the provisions or this AcI, shall apply to all matlers 
c o n n c c ~ c d  with, arising from, or censcqucnt upon, a trial by a Tribunal 
consriluled under this Act as i T  the Tribunal were a Court o f  Session 
exercising original criminal jurisdicuon. 

11. No suir, proscculion or legal proceedings wharever shall lie 
againsl any person in rcspecl of anything which is, in good failh, done or 
intended to bc donc undcr h i s  Act. 

12. Thc Wcsl Bengal Special Couns Acl, 1950, is hereby repealcd. West Bcn. . 
Acr X of 
1950. 

13. The provisions of  his Act shall have effect notwihs~anding 
anyrhing in this Act which may bc inconsistent wilh ~ h c  Indian Penal ACI XLV or . . 

1860. Code, [he Code, or any ohc r  law. 

The Schedule. 

[See secrion 2(d).] 

1 .  An offencc punishable under secrion 12 L .  sccdon 12 1 A, sec~ion 
122, seclion 123, sccuon 124, section 125, scclion 126, section 127, 
section 128, section 129 or secdon 130 oC thc Indian Penal Code. 

2. An oficncc punishable under scction 302, section 304, scction 
307, secuon 326, secrjon 363, scclion 364, section 365, scclion 366, 
scclion 376, section 395, scction 396, section 397 or scclion 436 of rhe 
Indian Penal Codc, i fcommi~~cd in adisrurbed m a .  '* * * " 

'Tlw words "rvhilc rhc nolificdion declnring such xu ro be a disludxd ima has effec~" 
were o~niiied with rclrospcclive erftcr by s. 4 of rhc Tribunals or Cnminal Jurisdiction 
(ArnendmcnL) Acr, 1956 (Wcsl Ben. Act XVlI or 1956). 



Tfic Triburrals of Crinrirral JririFdicriot~ Ac;, 1952. 

XIV of 1952.1 

3. An offence punishable under section 302, section 304, section 
326, sccdon 307, seclion 395, secuon 396, section 397 or section 436 of 
thc Indian Pcnal Code. if conimirted in cnurse of a raid on or a rim i n  a 

fac~ory or a mill or a workshop or a bank or in relation to lranspor~alion of 
propcny to or from a factory, mill, workshop or bank. 

4. Any conspiracy to commit or any altcmpt to cornmil or any 
abetmen1 of any of [he offences specified in items 1 !o 3.