Special court for corruption cases under Prevention of Corruption Act

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    • #2862
      Anonymous
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      Corruption cases under Prevention of Corruption Act are being filed in Special Court and prosecution is conducted in that court. I did not find any reference to Special Court in the Criminal Procedure Code. How such Special Court established and under what Act? Is there any Special Courts Act like the Family Courts Act which hear the family matters?

    • #2866

      The court of Special Judge is appointed to try offences under the Prevention of Corruption Act, 1988. There is no provision for the same in the Criminal Procedure Code. Such courts are established under the provisions of Section 3 of the Prevention of Corruption Act, 1988, which is reproduced below:

      3. Power to appoint Special Judges.—(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).”

       

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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