Section 48
Designated Court and jurisdiction.
The Indian Antarctic Act, 2022
About this Act
An Act to provide for the national measures for protecting the Antarctic environment and dependent and associated ecosystems and to give effect to the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources and to the Protocol on Environmental Protection to the Antarctic Treaty and for matters connected therewith or incidental thereto.
(1) For the purposes of providing speedy trial of
offences under this Act, the Central Government, after consulting the Chief Justice of the concerned
High Court or High Courts as it may consider necessary, shall specify by notification, one or more
Court of Sessions, to be the Designated Court and may specify the territorial jurisdiction of such
Court.
(2) The Designated Court shall have jurisdiction to try any offence punishable under this Act.
(3) No Designated Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by an officer authorised in this behalf by the Central Government by notification.
(4) The Designated Court may, upon perusal of a complaint made under this Act, take cognizance of that offence without the accused being committed to it for trial.
(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), for the purposes of conferring jurisdiction, an offence under this Act, committed by any person or Operator in Antarctica shall be deemed to have been committed in India.
(6) While trying an offence under this Act, the Designated Court may also try an offence under any other law, other than an offence under this Act with which the accused may be charged at the same trial under the Code of Criminal Procedure, 1973 (2 of 1974).
(2) The Designated Court shall have jurisdiction to try any offence punishable under this Act.
(3) No Designated Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by an officer authorised in this behalf by the Central Government by notification.
(4) The Designated Court may, upon perusal of a complaint made under this Act, take cognizance of that offence without the accused being committed to it for trial.
(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), for the purposes of conferring jurisdiction, an offence under this Act, committed by any person or Operator in Antarctica shall be deemed to have been committed in India.
(6) While trying an offence under this Act, the Designated Court may also try an offence under any other law, other than an offence under this Act with which the accused may be charged at the same trial under the Code of Criminal Procedure, 1973 (2 of 1974).