Section 10 of The Maritime Anti-Piracy Act, 2022. View Chapter 1

Trial of offences by Designated Court


   (1) Notwithstanding anything contained in the Code,—

       (a)  all offences under this Act shall be tried by the Designated Court notified as such under clause (i) of section 8;

       (b)  where a person accused of, or suspected of, the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such Magistrate may authorise the detention of such person in such custody, as he thinks fit, for a period not exceeding fifteen days in the whole, where such Magistrate is a Judicial Magistrate, and seven days in the whole where such Magistrate is an Executive Magistrate:

   Provided that where such Magistrate considers—

       (i)  at the time when such person is forwarded to him under this sub-section; or

       (ii)  at any time before the expiry of the period of detention authorised by him, that the detention of such person is not necessary, he shall order such person to be forwarded to the Designated Court having jurisdiction.

   (2)  The Designated Court may exercise, in relation to the person forwarded to him under clause (b) of sub-section (1), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code, in relation to an accused person in such case who has been forwarded to him under that section.

   (3)  A Designated Court may, upon a perusal of a complaint made by an officer of the Central Government or the State Government, as the case may be, authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial.

   (4)  While trying an offence under this Act, a 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.

   (5)  Notwithstanding anything contained in the Code, a Designated Court shall, as far as practicable, hold the trial on a day-to-day basis.