DIRECTOR GENERAL OF PROSECUTION Vs. STATE

JUDGEMENT

(1.) This reference under S.395(2)of the Code of Criminal Procedure is at the instance of the Sessions Judge, Thalassery. He is the Special Court specified under S.14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to try offences under that Act. Questions referred by him are:

(2.) S.14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter referred to as the Act, is in the following terms:

(3.) S.4 of the Code of Criminal Procedure, hereinafter referred to as the Code, provides for trial of offences under the Indian Penal Code and other laws. That Section has two sub-sections. Sub-s.(1) states that all offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Code. As per sub-s.(2), all offences under any other law shall be investigated, inquired into, tried or otherwise dealt with according to the provisions of the Code, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences. The conjoined effect of these provisions is that in the absence of, specific provision made in the statute indicating that, offences will have to be investigated, inquired into, tried and otherwise dealt with according to that statute, the same will have to be investigated, inquired into, tried and otherwise dealt with according to the provisions contained in the Code. The provisions of the Special Act would apply and prevail over the Code. When the special law does not prescribe any particular procedure, the provisions contained in the Code will govern the investigation, inquiry and trial of cases by criminal courts. In other words, the Code is the parent statute which provides for investigation inquiry, trial or otherwise dealing with offences.