Section 7 of The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
Save as otherwise provided in this Act, the provisions of the Code shall apply to the proceedings before a Designated Court and the person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor.
Summary
- The standard criminal court rules in India apply to all hearings and trials before a Designated Court under this Act.
- Any person who conducts a prosecution (which means presenting the criminal case against the accused) before a Designated Court is treated as a Public Prosecutor (the official lawyer representing the state).
Practical examples
FAQ
1. Who is considered a Public Prosecutor in these cases?
Any person who conducts the prosecution, which means presenting the criminal case against the accused before the Designated Court, is treated as a Public Prosecutor.
2. Can a trial under this Act completely ignore the standard Code of Criminal Procedure, 1973?
No, the standard Code must be followed, except in specific situations where this Act provides a different rule.
3. What does the term "deemed" mean in this section?
In this section, "deemed" means legally treated as. The prosecuting lawyer is legally treated as a Public Prosecutor, with all the associated duties and powers.
Test yourself
Q1.Which general law normally applies to the proceedings before a Designated Court under Section 7?
Q2.Under Section 7, what is the legal status of the person conducting the prosecution before a Designated Court?
Q3.When does the Code of Criminal Procedure, 1973, NOT apply to proceedings before a Designated Court under Section 7?
Q4.Under Section 7, who is deemed to be a Public Prosecutor?
Q5.To which body's proceedings does Section 7 apply the provisions of the Code?