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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

Procedure and powers of special Judge and Power to try summarily are defined under section 5 and 6 of Prevention of Corruption Act 1988. Provisions under these Sections are:

Section 5 of Prevention of Corruption Act "Procedure and powers of special Judge"

Section 5. (1) A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.

(2) A special Judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 of that Code.

 

(3) Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Judge; and for the purposes of the said provisions, the Court of the special Judge shall be deemed to be a Court of Session and the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor.

(4) In particular and without prejudice to the generality of the provisions contained in sub-section (3), the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, 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 Magistrate.

(5) A special Judge may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted.

(6) A special Judge, while trying an offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944 (Ord. 38 of 1944).

Section 6 of Prevention of Corruption Act "Power to try summarily"

Section 6. (1) Where a special Judge tries any offence specified in sub-section (1) of section 3, alleged to have been committed by a public servant in relation to the contravention of any special order referred to in sub-section (1) of section 12A of the Essential Commodities Act, 1955 (10 of 1955) or of an order referred to in clause (a) of sub-section (2) of that section, then, notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of Criminal Procedure, 1973 (2 of 1974), the special Judge shall try the offence in a summary way, and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial :

Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the special Judge to pass a sentence of imprisonment for a term not exceeding one year:

Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the special Judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special Judge shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in accordance with the procedure prescribed by the said Code for the trial of warrant cases by Magistrates.

(2) Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974), there shall be no appeal by a convicted person in any case tried summarily under this section in which the special Judge passes a sentence of imprisonment not exceeding one month, and of fine not exceeding two thousand rupees whether or not any order under section 452 of the said Code is made in addition to such sentence, but an appeal shall lie where any sentence in excess of the aforesaid limits is passed by the special Judge.

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

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