⚖️️ Dabangg Lawyer – हर्षवर्धन (भैया) देशमुख ⚖️
From, पुणे, महाराष्ट्र 🚩
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Website (Notes) –
https://dabangglawyer.blogspot.com/2024/10/chapter-ii-appointment-of-special.html
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📌Other Social Media Accounts 📌
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1) Instagram Page
https://instagram.com/dabangglawyer
2) PDF Notes (Telegram) –
https://t.me/DabanggLawyer
3) Blogs & Articles –
https://dabangglawyer.blogspot.com/
4) WhatsApp Channel –
https://whatsapp.com/channel/0029Va7XELwJkK75kB9aud1c
5) My LinkedIn Profile –
https://www.linkedin.com/in/harshavardhanpdeshmukh
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📌 Syllabus
The Prevention of Corruption Act 1988:
1. Legislative History, Object and Scope of the Act- Public Duty and Public Servant Defined.
2. Appointment of Special Judges
3. Offences and Penalties Investigation into cases under the Act
4. Sanction for Prosecution Special Procedure: Change in Rules of Evidence and Criminal Procedure (Secs. 20-24)
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📌 Content of the Video
Appointment of Special Judges.
1) Section 3: Power to Appoint Special Judges (1) Who appoints Special Judges?
The Central Government or State Government can appoint as many special judges as necessary for certain areas or specific cases.
(2) Why appoint Special Judges? Special judges are appointed to handle:
a) Offences punishable under the Prevention of Corruption Act. b) Conspiracy, attempts, or abetments (helping others commit) of such offences.
(3) Who can be a Special Judge?
Only someone who is or has been a Sessions Judge, Additional Sessions Judge, or Assistant Sessions Judge under the Code of Criminal Procedure (CrPC).
2) Section 4: Cases Triable by Special Judges (1) Exclusive Jurisdiction
Special Judges are the only ones who can try cases related to offences under the Prevention of Corruption Act, even if other laws (like the CrPC) say otherwise.
(2) Where will the case be tried?
The case will be tried by the Special Judge for the area where the offence took place, or for the specific case, depending on the government’s assignment.
(3) Can other offences be tried?
Yes, during a trial, the Special Judge can also handle any other offences (not related to corruption) that the accused is charged with, as allowed by the CrPC.(4) Speedy Trials
The trial should be conducted day-to-day as far as possible, and efforts should be
made to complete the trial within 2 years.
a) If the trial exceeds 2 years, the Special Judge must provide reasons for the delay.
b) The trial period can be extended in writing but cannot exceed 4 years in total.
3) Section 5: Procedure and Powers of Special Judges
(1) Cognizance of Offences
a) Special Judges can take charge of cases without waiting for the accused to be
committed (sent) for trial, unlike regular courts.
b) They will follow the procedure for trying warrant cases, which means handling
serious offences as described under the CrPC.
(2) Granting Pardons
The Special Judge can offer a pardon to someone involved in the crime if they
provide full and true information about the crime and others involved (whether as
the main offender or accomplice).
(3) CrPC Provisions Apply
The Special Judge’s court will function similar to a Sessions Court, and the prosecutor
will be treated like a Public Prosecutor as per the CrPC.
(4) Additional Powers
The Special Judge has the authority to:
a) Try any offence under Section 3 (corruption cases).
b) Pass sentences according to the law for the offences they convict.
c) Exercise powers of a District Judge as per the Criminal Law Amendment
Ordinance of 1944.4) Section 6: Power to Try Summarily (Simplified Trials) (1) What is a Summary Trial?
Summary trials are quicker trials with less formal procedures, used for less serious offences.
(2) When can Special Judges conduct a Summary Trial?
For cases involving public servants related to the Essential Commodities Act, 1955, where the offences are less severe (like small violations of certain orders).
(3) Sentencing in Summary Trials
a) If a person is convicted in a summary trial, the Special Judge can sentence them to a maximum of 1 year in prison.
b) If the Special Judge feels the case deserves a longer sentence (more than 1 year), or for other reasons, they can switch to a full trial by recording an order and recalling witnesses if necessary.
(4) Appeals in Summary Trials
a) If the sentence is up to 1 month of imprisonment and a fine up to ₹2,000, no appeal is allowed.
b) However, if the sentence exceeds these limits, the convicted person can file an appeal.
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