Section 26C of The Securities and Exchange Board of India Act, 1992
The High Court may exercise, so far as may be applicable, all the
powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.
Summary
- If a person wants to appeal a decision made by a Special Court, the High Court has the power to hear that appeal.
- The High Court can also exercise powers of revision (reviewing the Special Court's legal process).
- To do this, the High Court uses its powers from the Code of Criminal Procedure, 1973.
- The High Court treats the Special Court exactly as if it were a normal Court of Session (a high-level criminal court) operating within its local limits.
Practical examples
FAQ
1. If I lose my case in the Special Court, where do I appeal?
You can appeal to the High Court.
2. How does the High Court view the Special Court legally?
The High Court treats the Special Court as if it were a Court of Session operating within its jurisdiction.
3. Which procedural rulebook does the High Court use to handle these appeals?
The High Court uses the powers given to it by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 26C of The Securities and Exchange Board of India Act, 1992, which higher authority exercises the power of appeal and revision over Special Courts?
Q2.Under Section 26C of The Securities and Exchange Board of India Act, 1992, how is a Special Court categorized by the High Court during the appeal process?
Q3.Under Section 26C of The Securities and Exchange Board of India Act, 1992, from which specific legal code does the High Court derive its powers to handle these appeals and revisions?
Q4.Under Section 26C and Section 26B (Offences triable by Special Courts) of The Securities and Exchange Board of India Act, 1992, if an offender is successfully convicted by the only authority allowed to try them (the Special Court under 26B), what is their designated path to challenge that conviction?