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The Protection of Human Rights Act - Power to Try and take Cognizance

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Protection of Human Rights Act, trial, jurisdiction to try, commit, judgments, Section 193 and 209 of CrPC, without accused being committed to special Court

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The Protection of Human Rights Act - Power to Try and take Cognizance

  1. 1. HUMAN RIGHTS ACT :Prepared by: H. S. MULIA 1
  2. 2. Disclaimer Views expressed in this document are for information and academic purpose only. 2
  3. 3. Question:- whether the Court of Session, which is specified as the Special Court under the protection of Human Rights Act, 1993 (u/s 30 of the Act) can take cognizance of the offence as a Court of original jurisdiction or not? 3
  4. 4. Answer:- Above referred issue is no longer res integra and stands answered by the Hon'ble Division Bench of Bombay High Court in case of Rasiklal M. Gangani Vs. Government of Goa, reported in 2004(2) GOA LR page no.16. 4
  5. 5. Since the Human Rights Act has not specified any special provision relating to the cognizance and the trial of the offence, the provisions contained under Section 4 of Code of Criminal Procedure would govern the trial of cases before the Human Rights Court. 5
  6. 6. As there is no provision in the Human Rights Act to hold that the Special Judge designated under the Human Rights Act, is a Court of original jurisdiction, the Human Rights Court can only take cognizance of the complaints which are committed to it for trial by the Magistrate as per Section 209 of the Code of Criminal Procedure. 6
  7. 7. Reference is required to be made to the ratios laid down by the Hon'ble Andhra Pradesh High Court in case of A. Goverdhan Reddy v. Superintendent of Police, reported in 1998 Cri LJ 561 and Rajesh Das Pranabandhu Das, v/s Tamilnadu State Human Rights Commission, reported in 2010 (0) Supreme (Mad) 3735. 7
  8. 8. Thank You 8

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