Amendment status not verified — confirm the current text below against the official source.
(/) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental stale with respect to the act charged as an offence in that prosecution. (2) For the purposes of this section, a fact is said to be proved only when the Special ‘Court believes it to exist beyond reasonable doubt and not merely when its existence 1s established by a preponderance of probability. Explanation —1n this section, “culpable mental state includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. Ji. Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (including the provisions.as to bail and bonds) shall apply w the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor. lof 1974 4 of 2006. 2 of 1974 2 of 2000 2 of 1974 lof 1974 2 of 1974, 36 of 2000. 32, (/) The State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the provisions of this Act. (2) Aperson shall be eligible to be appointed as a Special Public Prosecutor under sub- section (/) only if he had been in practice for not less than seven years as an advocate. (J) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (w) of section 20f the Code of Criminal Procedure , 1973 and provision of that Code shall have effect accordingly. CHAPTER VIII PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE