28. Designation of Special Courts.—(1) For the purposes of providing a speedy trial, the State
Government shall in consultation with the Chief Justice of the High Court, by notification in the Official
Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the
Act:
Provided that if a Court of Session is notified as a children’s court under the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006)or a Special Court designated for similar purposes under
any other law for the time being in force, then, such court shall be deemed to be a Special Court under
this section.
(2) While trying an offence under this Act, a Special Court shall also try an offence [other than the
offence referred to in sub-section (1)], with which the accused may, under the Code of Criminal
Procedure, 1973 (2 of 1974) be charged at the same trial.
(3) The Special Court constituted under this Act, notwithstanding anything in the Information
Technology Act, 2000 (21 of 2000)shall have jurisdiction to try offences under section 67B of that Act in
so far as it relates to publication or transmission of sexually explicit material depicting children in any act,
or conduct or manner or facilitates abuse of children online.
29. Presumption as to certain offences.—Where a person is prosecuted for committing or abetting
or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court
shall presume, that such person has committed or abetted or attempted to commit the offence, as the case
may be unless the contrary is proved.
30. Presumption of culpable mental state.—(1) In any prosecution for any offence under this Act
which requires a culpable mental state on the part of the accused, the Special Court shall presume the
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existence of such mental state but it shall be a defence for the accused to prove the fact that he had no
such mental state with respect to the act charged as an offence in that prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Special Court believes it
to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of
probability.
Explanation.—In this section, “culpable mental state” includes intention, motive, knowledge of a fact
and the belief in, or reason to believe, a fact.
31. Application of Code of Criminal Procedure, 1973 to proceedings before a Special Court.—
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973
(2 of 1974)(including the provisions as to bail and bonds)shall apply to the proceedings before a Special
Court and for the purposes of the said provisions, the Special Court shall be deemed to be a court of
Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public
Prosecutor.
32. Special Public Prosecutors.—(1) The State Government shall, by notification in the Official
Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases only under the
provisions of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub-section (1)
only if he had been in practice for not less than seven years as an advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a
Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973
(2 of 1974)and provision of that Code shall have effect accordingly.