 bill no 51 of 1966 inal law amendment (amending) bill, 1966 a billto amend the criminal law amendment act 1952 , r' ,-it enacted by parliament in the seventeenth year of the of india as follows:- act may be called the criminal law amendment (amen- short 1966 title iub-section (3a) of section 8 of the criminal law amend-amend_ , 1952 (hereinafter referred to as the principal act), for the ment of ~ figures "section 350" the words and figures "sections 350 section 8 " ' shall be substituted insertion of new section 11 3 after section 10 of the principal act, the following section shan: be inserted, and shall be deemed always to have been insertj' namely:- "11 (1) nothing in this act shall affect the jurisdiction exe " cisable by, or the procedure applicable to, any court or 0 \ authority under any military, naval or air force law :'vlilitary, na\'a1 and  ir force laws not to be af'fedpd (2) for the removal of doubts, it is hereby declared for the purposes of any such law as is referred to in sun_gai't (1), the court of the special judge shall be deemed to be a of ordinary criminal justice" validation and ;ndemnity 4 no trial or other proceeding held or taken before, and sentence passed by a court-martial or any other authority under military, naval or air force law before the 30th day of june, shall be called in question in any court merely on the ground the court-martial or other authority had no jurisdiction by virtue the provisions of the principal act, and all such trials, and sentences shall, notwithstanding any judgment or order of court, be as valid and operative as if they had been held, taken passed in accordance with law; and accordingly no suit or legal proceeding shall be maintained or continued against person whatever on the ground that any such trial, proceeding sentence was not held, tak~n or passed in accordance with law pending ca~es 5 (1) notwithstanding anything contained in this act or in principal act as amended by this act,-(a) cases pending immediately before the 30th day of 1966, before a special judge in 'which one or more persons ject to military, naval or air force law is or are charged and tried for an offence under the principal act together any other person or p~rsons not so subject and (b) cases pending immediately before the said date a special judge in which one or more persons subject to naval or air force law is or are alone charged with and tried an offence under the principal act and charges haye a] been framed against such person or persons shall be tried and disposed of by the special judge (2) where in any case pending immediately before the 30th of june, 1966, before a special judge one or more persons su to military naval or air force law is or are alone charged with tried for an offence under the principal act and charges have been framed against such person or persons before the said where on appeal or on revision against any sentence passed by a special judge in any case in which one or more persons so subject was or were alone tried, the appellate court has directed that such person or persons be retried and on such retrial charges have not been framed against such person or persons before the said date, then, in either case, the special judge shall follow the procedure laid down in section 549 of the code of criminal procedure 1898, as if the special judge were a magistrate , 6 (1) the criminal law amendment (amendment) ordinance, repeal 1966, is hereby repealed and saving, (2) notwithstanding such repeal, anything done or any action taken under the said ordinance or under the principal act as amended by the said ordinance shall be deemed to have been done or taken under this act or under the principal act as amended by this act as if this act had commenced on the 30th day of june, 1966 under sub-section (1) of section 7 of the criminal law ment act 1952, the offences specified in sub-section (1) of sectfon' of that act are triable by special judges only in major e g ',' i,' ll state of bombay (air 1961 s c 1762) it has been held by , supreme court that in view of the language of section 7 of the minal law amendment act, 1 w>2 , the special judge has exclusive' jurisdiction to try any such offence and the mere fact that any such offence might also be an utfence under the army act would not  li l of any relevance '  2 the military authorities have been, however, proceeding on assumption that the jurisdiction in respect of these offences coidftl1t~ ted by military personnel is concurrently exercisable by the special' judge and courts-martial and accordingly a number of cases ' ' been tried by courts-martial and other military authorities and a good number is pending before them 3 it was therefore considered necessary and expedient to amend the criminal law amendment act 1952 so as to insert a new section therein (with retrospective effect from the commencement of the act) to save the jurisdiction exercisable by a court-martial or other ~ authority under the military naval or air force laws and to validatei the trials held, proceedings take, n and sentences passed by courts-,~' martial and other competent authorities under these laws and for ' this purpose, the criminal law amendment - (amendment) bill, ',~ 1965, was introduced in the lok sabha on the 3rd december, 1965 ; as the bill could not be passed during the budget session of parlia-:, 1 ment, it was considered that the trials pending before courts-martial ,,{ 'j and other competent military authorities should be allowed to pro-j ceed without any further delay in fairness to the affected service personnel, and it accordingly became necessary to have the provisions proposed in the bill promulgated in the form of an ordinance, namely, the criminal law amendment (amendment) ordinance, 1966 (7 of 1966), promulgated by the president on the 30th june 1966 while promulgating the ordinaoce, opportunity was taken to incorporate therein a suitable saving provision with respect to certain cases pending immediately before the commencement of the ordinance, before the special judges 4 the present bill seek::: to replace the said ordinance new delhi; j aisukhlal hath! the 22nd july ]960  annexure!: i' ;~j  :~"                          ,i;  i·                          i": ~                                                       ~ extract from the criminal law ame~dmeni act 1952                       (46 of 1952) ~~      ~ ,                                                                                   8 i~··l' j         "                                                                                                                     -                                                                  -                                                                                procedure     (3a) 'in particular, and without prejudice to the generality of and the provisions contained in sub-section (3), the provisions of section powers of 350 of the code of criminal procedure, 1898, shall, so far as may be, ~e: apply to the proceedings before a special judge, and for the purposes of the said provisions a special judge shall be deemed to be a magis-trate           -                                                                                                                        -                                                                 - a bill further to amend the criminal law amendment act, 1952 (shrijai sukh la! halhi, ;\1inister of state in the minislry of home affairs) 