Why Special Judges for Corruption Cases?

Corruption cases require a swift and focused judicial process. To achieve this, the Prevention of Corruption Act, 1988, provides for the appointment of Special Judges. These judges exclusively handle corruption offences to ensure speedy trials and develop expertise in this complex area of law. Regular courts are often burdened with a high volume of cases, which can lead to delays. Establishing special courts helps in the effective and timely disposal of corruption matters.

This post will guide you through the provisions related to the appointment of Special Judges under the PC Act, their qualifications, jurisdiction, and special powers.

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Power to Appoint Special Judges (Section 3)

The foundation for the appointment of Special Judges under the PC Act is laid down in Section 3 of the Act.

Who Appoints Special Judges?

The power to appoint Special Judges is vested in both the

Central Government and the State Government. They can appoint as many Special Judges as they deem necessary. The appointment is made through a

notification in the Official Gazette.

Purpose of Appointment

Governments can appoint these judges for:

• A specific area or multiple areas.
• A particular case or a group of cases.

This flexibility allows the government to establish courts where they are most needed, depending on the concentration of corruption cases.

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Qualifications for a Special Judge (Section 3(2))

The Act ensures that only experienced judicial officers can be appointed as Special Judges. According to Section 3(2), a person is qualified for appointment only if they are, or have been, a:

• Sessions Judge, or
• Additional Sessions Judge, or
• Assistant Sessions Judge.

These qualifications must be met under the Code of Criminal Procedure, 1973 (CrPC).

Note on New Laws: The CrPC, 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Future appointments and procedures will be governed by the corresponding provisions of the BNSS.

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Jurisdiction of Special Judges (Section 4)

Section 4 is a crucial provision that establishes the exclusive jurisdiction for the appointment of Special Judges under the PC Act.

Exclusive Jurisdiction to Try Offences

Section 4(1) makes it clear that offences specified under the Act

shall be tried by Special Judges only. This provision has an overriding effect on the CrPC (now BNSS) and any other law in force. This means no other court has the authority to try corruption cases under this Act.

Offences Triable by Special Judges

A Special Judge is empowered to try the following offences:

• Any offence punishable under the Prevention of Corruption Act, 1988.
• Any conspiracy, attempt, or abetment related to the offences under the Act.
• Any other offence with which the accused may be charged at the same trial under the CrPC (now BNSS).

Mandate for Speedy Trial

The 2018 amendment to the Act inserted sub-section (4) in Section 4 to ensure speedy trials.

• Day-to-Day Trial: The trial of an offence should be held on a day-to-day basis as far as practicable.
• Time Limit: An effort must be made to conclude the trial within two years.
• Extension: If the trial is not completed within two years, the Special Judge must record the reasons for the delay. The period can be extended for a maximum of six months at a time, but the total period should ordinarily not exceed four years.

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Procedure and Powers of Special Judges (Section 5)

Special Judges have unique powers and follow a specific procedure that differs slightly from that of a regular Sessions Court.

• Direct Cognizance: A Special Judge can take cognizance of offences without the accused being committed to them for trial. This saves time, as the case does not need to go through a Magistrate’s court first.
• Trial Procedure: While trying the accused, the Special Judge must follow the procedure prescribed in the CrPC (now BNSS) for the trial of warrant cases by Magistrates.
• Power to Tender Pardon: A Special Judge can tender a pardon to an accomplice on the condition that they make a full and true disclosure of all facts related to the offence.
• Deemed a Court of Session: For all other purposes, the court of a Special Judge is considered a Court of Session. The prosecutor before the Special Judge is deemed to be a Public Prosecutor.

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Relevant Case Laws

1. A.R. Antulay v. R.S. Nayak (1984 AIR 684)

• Facts: The Governor of Maharashtra transferred a corruption case against the former Chief Minister, A.R. Antulay, from a Special Judge to the High Court.
• Judgment: The Supreme Court held that the High Court had no jurisdiction to try the case. It clarified that under the PC Act, only a Special Judge appointed for that purpose has the jurisdiction. The Court emphasized the principle of exclusive jurisdiction granted by the Act.

2. State of T.N. v. N. Suresh Rajan (2014) 11 SCC 709

• Facts: The case involved the discharge of public servants by a Special Judge at the stage of framing charges. The question was about the scope of the Special Judge’s power to assess the evidence at this stage.
• Judgment: The Supreme Court held that the Special Judge has the power to sift and weigh the evidence for the limited purpose of finding out whether a prima facie case exists against the accused. The judge is not a mere post office and can discharge the accused if the evidence is insufficient.

3. Vivek Gupta v. Central Bureau of Investigation (2003) 8 SCC 628

• Facts: A challenge was made to a trial being conducted by a court other than that of a Special Judge.
• Judgment: The Supreme Court reiterated that the provisions of Section 4 of the PC Act are mandatory. Offences specified under the Act can only be tried by a Special Judge appointed under Section 3. Any trial conducted by another court would be void for lack of jurisdiction.

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Exam Point of View 📝

• Q1. Explain the procedure for the appointment of Special Judges under the PC Act. What are their qualifications?
  • Answer Tips: Start with Section 3. Mention who appoints them (Central/State Govt.) and how (notification). State the qualifications clearly as laid down in Section 3(2).
• Q2. Discuss the jurisdiction, powers, and procedure of a Special Judge under the PC Act, 1988.
  • Answer Tips: This is a comprehensive question. Structure your answer well.
    • Jurisdiction (Sec 4): Focus on the term ‘exclusive jurisdiction’. Mention the offences they can try and the mandate for a speedy trial.
    • Powers & Procedure (Sec 5): Highlight the key differences from a regular Sessions Court, especially the power to take direct cognizance and the trial procedure (warrant case).
• Remember to always mention the speedy trial amendment (Section 4(4)), as it’s a recent and significant development. The concept of exclusive jurisdiction is the most important aspect of this topic.

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Conclusion

The mechanism for the appointment of Special Judges under the PC Act is a cornerstone of India’s anti-corruption framework. By creating a specialized and exclusive judicial forum, the Act aims to cut through procedural delays and ensure that corruption cases are handled with the required expertise and urgency. For students of law, understanding the specific role and powers of these judges is essential to appreciating the unique nature of anti-corruption litigation.