BHAJAHARI MONDAL vs THE STATE OF WEST BENGAL

The Supreme Court held that the Special Judge lacked jurisdiction to convict the appellant under Section 165A IPC, as this section was not included in the Schedule of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 at the time the case was assigned. The Court clarified that the offence under Section 165A is distinct and cannot be treated as a mere extension of the abetment under Section 116 IPC. The defect in jurisdiction was not curable under Section 529(e) of the Code of Criminal Procedure, which applies only to Magistrates, not Special Judges.