Offences triable by Designated Court

Section 9 of the Anti-Hijacking Act, 2016 deals with offences triable by Designated Court. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (a) all offences under this Act shall be triable by the Designated Court referred to in section 8. The Act came into force on 05 Jul 2017.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--

(a) all offences under this Act shall be triable by the Designated Court referred to in section 8.

(b) where a person who is accused or suspected of the commission of an offence under this Act is forwarded to the Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise detention of such person in such custody, as he thinks fit, for a period not exceeding thirty days in the whole, where such Magistrate is a Judicial Magistrate, and seven days in the whole, where such Magistrate is an Executive Magistrate:

Provided that the Magistrate may, if he considers that the detention of such person is not required, ---

(i) when such person is forwarded to him as aforesaid; or

(ii) upon or at any time before the expiry of the period of detention authorised by him,

he shall order such person to be forwarded to the Designated Court having jurisdiction;

(c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section;

(d) the Designated Court may, upon perusal of the report filled by the Agency or a complaint made by an officer of the Central Government, or the State Government, as the case may be, authorised in this behalf, take cognizance of the offence without the accused being committed to it for trial.

(2) When trying an offence under this Act, a Designated Court may also try an offence other than an offence under this Act, which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.

Section 9, The Anti-Hijacking Act, 2016 (Act 30 of 2016).