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evsjv‡`k †M‡RU, AwZwi³, A‡±vei 6, 2019
50. Application of the Code of Criminal Procedure.
(1) Save as anything
contrary to the provisions of this Act, the provisions of the Code of Criminal
Procedure shall be applicable to the investigation, trial, appeal and all incidental
matters related to any offence under this Act.
(2) The Tribunal shall be deemed to be a Court of Session, and may exercise
all powers of a Court of Session while trying any offence under this Act or any
other offence derived from it.
(3) The person presenting the case in the Tribunal on behalf of the
complainant shall be regarded as Public Prosecutor.
51. Taking opinion of experts, training, etc.
(1) The Tribunal or the
Appellate Tribunal may, during trial, take independent opinion from any person
expert in computer science, cyber forensic, electronic communication, data
security and in related other fields.
(2) The Government or the Agency may, if necessary, provide specialized
training to all persons concerned in the implementation of this Act, on computer
science, cyber forensic, electronic communication, data security and other
necessary matters.
52. Time-limit for disposal of case.
(1) The judge of the Tribunal shall
dispose of a case under this Act within 180 (one hundred and eighty) working
days from the date on which the charge is framed.
(2) If the judge of the Tribunal fails to dispose a case within the time-limit
specified in sub-section (1), he may, for reasons to be recorded in writing, extend
the time-limit up to 90 (ninety) days.
(3) If the judge of Tribunal fails to dispose a case within the time-limit
specified in sub-section (2), he may, with intimation to the High Court Division
in the form of a report recording reasons thereof, continue the proceedings of the
case.
53. Offences to be cognizable and bailabe.In this Act
(a) the offences specified in sections 17, 19, 21, 22, 23, 24, 26, 27, 28, 30,
31, 32, 33 and 34 shall be cognizable and non-bailable;
(b)
(c)
(d)
the offences specified in clause (b) of sub-section (1) of section 18,
sections 20, 25, 29 and sub-section (3) of section 47 shall be noncognizable and bailable;
the offences specified in clause (a) of sub-section (1) of section 18
shall be non-cognizable, bailable and subject to the permission of
the court, be compoundable; and
the offences, if committed by a person for the second time or more,
shall be cognizable and non-bailable.
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