The Prevention of Corruption Act, 1988
CHAPTER II: APPOINTMENT OF SPECIAL JUDGES
Section 3: Power To Appoint Special Judges
Bare Act
(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).
Simplified Act
(1) The government can create a position for a special judge by announcing it in a public document. This judge will be assigned to handle:
- (a) Any crime related to corruption as defined by this law; and
- (b) Any plans to commit corruption, any attempts to co… Read the complete text with KanoonGPT Pro.
Explanation using examples
Imagine a situation where the government has uncovered a large-scale bribery scheme within a public construction project. To ensure a fair and expedited trial, the Central Government uses its power under Section 3(1) of The Prevention of Corruption Act, 1988, to appoint a special Judge. This Judge is specifically tasked to handle this case due to its complexity and the high public interest involved. The notification in the Official Gazette specifies the area - for instance, the jurisdiction where the construction project is located - and the group of cases related to this bribery scheme.
The appointed Judge, according to Section 3(2), has a background as a Sessions Judge, ensuring they have the necessary legal expertise and experience to preside over the corruption case. This special Judge will focus on the offences under the Act, including any attempts, conspiracies, or abetments related to the bribery offences in the construction project.
