Section 9:
Overriding effect of Act.
(1) The provisions of this Act shall have notwithstanding anything
contained in the Code or any other law, but save as expressly provided in this Act, the provisions of the
Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings
before a Special Court; and for the purposes of the said provisions of the Code, the Special Court shall be
deemed to be a Court of Session and the person conducting a prosecution before a Special Court shall be
deemed to be a public prosecutor.
(2) In particular and without prejudice to the generality of the provisions contained in sub-section (1),
the provisions of sections 326 and 475 of the Code shall, so far as may be, apply to the proceedings before
a Special Court, and for this purpose references in those provisions to a Magistrate shall be construed as
references to the Special Court.
STATE AMENDMENT
Manipur
Amendment of section 9.--In section 9 of the Principal Act, after sub-section (2), the following
explanation shall be added, namely:--
"Explanation : --The evidence recorded in the trial of a scheduled offence by a Court of Sessions or
Magistrate before it or he has ceased to exercise jurisdiction therein shall, for the purpose of section
326 of the Code, be construed as evidence so recorded by the predecessor of the Special Court".
[Vide Manipur Act 11 of 1982, s. 3]