Section 5 of PCA : Section 5: Procedure And Powers Of Special Judge

Explanation using Example

Imagine a government official is accused of accepting bribes in return for awarding public contracts. The case is significant and complex, involving several accused individuals and intricate evidence. To handle this, a Special Judge is appointed under the Prevention of Corruption Act, 1988.

Under Section 5(1), this Special Judge can directly take cognizance of the offence, meaning the case doesn't need to be referred by a lower court. The trial begins without the typical committal proceedings.

During the investigation, it's discovered that an assistant of the official has crucial information about the corruption scheme. Utilizing Section 5(2), the Special Judge offers this assistant a pardon in exchange for full disclosure of the corruption details, including the roles of the principal actors and abettors.

The trial proceeds, and the Special Judge applies the procedures from the Code of Criminal Procedure, 1973, as per Section 5(3), ensuring that the trial is fair and follows established legal protocols.

If the Special Judge needs to adjourn the trial or deal with an accused person's property, they can do so under the powers granted by Section 5(4), acting similarly to a Magistrate in these respects.

After the trial concludes, and if the official is found guilty, Section 5(5) allows the Special Judge to sentence the official to the appropriate punishment as per the law.

Lastly, throughout the trial, the Special Judge has all the powers of a District Judge in such cases, as stated in Section 5(6), ensuring they can effectively manage and decide on the case.