The Criminal Law Amendment (Amending) Act, 1966
Section 1: Short title.
This Act may be called the Criminal Law Amendment (Amending) Act, 1966.
Section 2: Repealed
[Amendment of section 8. Rep.] by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 andthe First Schedule (w.e.f. 20-12-1972).
Section 3: Repealed
[Insertion of new section 11.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 20-12-1972).
Section 4: Validation and indemnity.
No trial or other proceeding held or taken before, and no sentencepassed by a court-martial or any other authority under any military, naval and air force law before the30th day of June, 1966, shall be called in question in any court merely on the ground that thecourt-martial or other authority had no jurisdiction by virtue of the provisions of the principal Act, and allsuch trials, proceedings and sentences shall, notwithstanding any judgment or order of any court, be asvalid and operative as if they had been held, taken or passed in accordance with law; and accordingly nosuit or other legal proceeding shall be maintained or continued against any person whatever on the groundthat any such trial, proceeding or sentence was not held, taken or passed in accordance with law.
Section 5: Pending cases.
(I) Notwithstanding anything contained in this Act or in the principal Act asamended by this Act,u2014
(a) cases pending immediately before the 30th day of June, 1966, before a special Judge in whichone or more persons subject to military, naval or air force law is or are charged with and tried for anoffence under the principal Act together with any other person or persons not so subject, and
(b) cases pending immediately before the said date before a special Judge in which one or morepersons subject to military, naval or air force law is or are alone charged with and tried for an offenceunder the principal Act and charges have already 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 day of June, 1966, before a special Judge,one or more persons subject to military, naval or air force law is or are alone charged with and tried for anoffence under the principal Act and charges have not been framed against such person or persons beforethe said date, or where, on appeal or on revision against any sentence passed by a special Judge in anycase in which one or more persons subject was or were alone tried, the appellate court has directed thatsuch person or persons be retried and on such retrial charges have not been framed against such person orpersons before the said date, then, in either case, the special Judge shall follow the procedure laid down insection 549 of the Code of Criminal Procedure, 1898 (5 of 1898), as if the special Judge were aMagistrate.
Section 6: Repeal and Saving.
(1) The Criminal Law Amendment (Amendment) Ordinance,1966 (7 of 1966), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance or underthe principal Act as amended by the said Ordinance shall be deemed to have been done or taken underthis Act or under the principal Act as amended by this Act as if this Act had commenced on the30th day of June, 1966.