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Section 3 of The Special Criminal Courts (Jurisdiction) Act, 1950

Jurisdiction of special Criminal Courts to try offences with respect to matters in the Union List.

Notwithstanding anything contained in law for the time being in force, it shall be lawful for any special Criminal Court to try offences against laws with respect to any of the matters enumerated in List I in the Seventh Schedule to the Constitution, if such court is otherwise competent to try such offence under the law constituting it.

Summary

This section gives special criminal courts the legal power to try specific types of offenses (crimes).
It allows these courts to try crimes related to matters listed in List I in the Seventh Schedule to the Constitution (the Union List, which is the list of topics only the national parliament can make laws about).
This power applies notwithstanding (meaning despite) anything contained in any other law currently in force.
The special criminal court must still be otherwise competent (meaning it has the legal authority and qualifications) to try the offense under the state law that constituted (meaning created) it.

Practical examples

1In July 1954, a special court in Bombay, set up under a scheduled state safety law, wants to try Ramesh for a crime related to the national post office, which is a Union List matter. Since the court is competent to try Ramesh under its state law, Section 3 allows it to handle this Union List crime.

2A special court in Assam wants to try a person for a customs tax offense (a Union List matter). The court is legally competent under the Assam Special Courts Act to try similar local offenses. Section 3 ensures this court has the lawful authority to try the customs tax offense.

FAQ

1. What types of offenses does Section 3 allow special criminal courts to try?

It allows them to try offenses against laws with respect to any of the matters enumerated (listed) in List I in the Seventh Schedule to the Constitution (the Union List).

2. What list in the Constitution is referred to in Section 3?

It refers to List I in the Seventh Schedule to the Constitution.

3. What condition must the special criminal court meet to try these Union List offenses?

The court must be otherwise competent (meaning having the legal authority) to try such an offense under the law that constituted (meaning created) it.

4. Does this permission override other laws?

Yes, it is lawful notwithstanding (meaning despite) anything contained in any law for the time being in force, which means it overrides other conflicting laws.

Test yourself

1.Which list in the Constitution is mentioned in Section 3?

2.What is the other name for List I in the Seventh Schedule referred to in Section 3's title?

3.Under what condition can a special criminal court try a Union List offense?

4.What is the effect of the phrase "Notwithstanding anything contained in any law for the time being in force" in Section 3?

5.Where in the Constitution is List I located according to Section 3?

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