www.Aaptaxlaw.com
 
 

What is Power to appoint special Judges? What are Cases triable by special Judges? Section 3 and 4 of Prevention of Corruption Act 1988

Power to appoint special Judges and Cases triable by special Judges are defined under section 3 and 4 of Prevention of Corruption Act 1988. Provisions under these Sections are:

Section 3 of Prevention of Corruption Act "Power to appoint special Judges"

Section 3. (1) The Central Government or the State Government may, by notification in the Official Gazette, appoint as many special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely:-

(a) any offence punishable under this Act; and

 

(b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a).

(2) A person shall not be qualified for appointment as a special Judge under this Act unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions judge under the Code of Criminal Procedure, 1973 (2 of 1974).

Section 4 of Prevention of Corruption Act "Cases triable by special Judges"

Section 4. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offences specified in sub-section (1) of section 3 shall be tried by special Judges only.

(2) Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge for the area within which it was committed, or, as the case may be, by the special Judge appointed for the case, or where there are more special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government.

(3) When trying any case, a special Judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a special Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.

Prevention of Corruption Act 1988

What are the Definitions? Section 2 of Prevention of Corruption Act 1988

What is Power to appoint special Judges? What are Cases triable by special Judges? Section 3 and 4 of Prevention of Corruption Act 1988

What is the Procedure and powers of special Judge? What is Power to try summarily? Section 5 and 6 of Prevention of Corruption Act 1988

What is Public servant taking gratification other than legal remuneration in respect of an official act? What is Taking gratification, in order, by corrupt or illegal means, to influence public servant? Section 7 and 8 of Prevention of Corruption Act 1988

What is Taking gratification, for exercise of personal influence with public servant? What is Punishment for abetment by public servant of offences defined in section 8 or 9? Section 9 and 10 of Prevention of Corruption Act 1988

What is the meaning Public servant obtaining, valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant? What is Punishment for abetment of offences defined in section 7 or 11? Section 11 and 12 of Prevention of Corruption Act 1988

What is the Criminal mis-conduct by a public servant? Habitual committing of offence under sections 8, 9 and 12  defined in section 7 or 11? Section 13 and 14 of Prevention of Corruption Act 1988

What is the Punishment for attempt? Which Matters to be taken into consideration for fixing fine? Section 15 and 16 of Prevention of Corruption Act 1988

Who are Persons authorised to investigate? What is Power to inspect bankers' books? Section 17 and 18 of Prevention of Corruption Act 1988

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap