Special Judges under the PC Act: Jurisdiction, Cognizance and Trial Powers

PC Act offences are tried by Special Judges appointed under Section 3. Section 4 also permits trial of connected conspiracies, attempts, abetments and other offences that may be jointly tried under criminal procedure.

Direct cognizance

The Special Judge may take cognizance without committal by a Magistrate. The court follows the warrant-case procedure applicable to cases instituted on a police report, subject to the Act.

Combined trials

Trying connected IPC or BNS offences with PC Act charges avoids fragmented evidence. The court must still frame distinct charges and make findings on each statutory ingredient. For post-1 July 2024 conduct, corresponding BNS offences apply according to the saving and transition provisions.

Pardon and powers

Section 5 grants the Special Judge specified powers including tendering pardon to a participant who makes full and true disclosure. The Special Judge is deemed a Court of Session for relevant purposes.

Jurisdictional facts

The prosecution must establish territorial connection, public-servant status, applicable sanction and competent investigation. Specialisation does not cure absence of an essential legal precondition.

The Special Court is designed to provide concentrated expertise and speed, while retaining ordinary safeguards of charge, evidence, cross-examination and reasoned judgment.

Sources

Prevention of Corruption Act, 1988, Sections 3, 4 and 5: https://indiacode.nic.in/bitstream/123456789/9317/1/corruptiona1988-49.pdf

Bharatiya Nagarik Suraksha Sanhita, 2023: https://www.indiacode.nic.in/handle/123456789/20099

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