Sections 3 and 4 of the Prevention of Corruption Act, 1988: Special Judges and Cases Triable by Them
Sections 3 and 4 establish the jurisdictional framework for Special Judges under the Prevention of Corruption Act, 1988. Section 3 deals with their appointment and qualification, while Section 4 provides for exclusive trial of specified corruption offences, allocation of jurisdiction, trial of connected offences and expeditious disposal.
Section 3 - Power to Appoint Special Judges
Section 3 authorises the Central Government or a State Government, by notification in the Official Gazette, to appoint as many Special Judges as necessary for an area, areas, a case or a group of cases.
Section 3 - Statutory text
(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).
Appointment and jurisdiction
The appointment must be made through an Official Gazette notification. It may be territorial or case-specific. The Special Judge may try offences punishable under the Act as well as conspiracy, attempt or abetment relating to such offences.
Qualification
Section 3(2) requires the person appointed to be, or to have been, a Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge. The statutory text expressly refers to the Code of Criminal Procedure, 1973.
Section 4 - Cases Triable by Special Judges
Section 4 gives Special Judges exclusive trial jurisdiction over offences specified in Section 3(1), identifies the appropriate Special Judge, permits connected offences to be tried together where legally chargeable at the same trial and establishes a time-oriented trial framework.
Section 4 - Statutory text
(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, the trial of an offence shall be held, as far as practicable, on day-to-day basis and an endeavour shall be made to ensure that the said trial is concluded within a period of two years:
Provided that where the trial is not concluded within the said period, the special Judge shall record the reasons for not having done so:
Provided further that the said period may be extended by such further period, for reasons to be recorded in writing but not exceeding six months at a time; so, however, that the said period together with such extended period shall not exceed ordinarily four years in aggregate.
Exclusive jurisdiction
Section 4(1) uses a non-obstante clause and requires offences specified in Section 3(1) to be tried by Special Judges only, subject to other applicable special enactments and binding judicial interpretation.
Territorial and case-specific allocation
The ordinary rule is trial by the Special Judge for the area where the offence was committed. A Special Judge appointed for a particular case may try that case. Where more than one Special Judge exists for an area, the provision contemplates specification of the Judge for the matter.
Connected offences
Section 4(3) permits a Special Judge to try another offence, apart from a Section 3 offence, where the accused may lawfully be charged with that offence at the same trial under the applicable criminal procedure.
Day-to-day trial and time objective
Section 4(4), substituted by the Prevention of Corruption (Amendment) Act, 2018 with effect from 26 July 2018, requires trial as far as practicable on a day-to-day basis and an endeavour to conclude it within two years. If it is not concluded, reasons must be recorded. Further extensions require written reasons, may not exceed six months at a time, and the total period should not ordinarily exceed four years.
Meaning and Practical Effect of Sections 3 and 4
Section 3 creates the mechanism for appointment of qualified Special Judges for corruption cases. Section 4 then vests exclusive trial jurisdiction for Section 3(1) offences, regulates which Special Judge should hear the case, allows appropriate connected charges to be tried together and promotes speedy trials.
Effect of BNSS 2023 on CrPC References
The Prevention of Corruption Act's published text still contains references to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the CrPC from 1 July 2024. Section 531 of the BNSS preserves specified pending appeals, applications, trials, inquiries and investigations under the CrPC. For current matters, the applicable general procedure must therefore be identified with reference to the BNSS commencement and savings provisions while the Prevention of Corruption Act continues as the special enactment governing corruption offences.
Updated: Includes Section 4(4) as substituted in 2018 and the procedural position following commencement of the BNSS on 1 July 2024.