Special Judge Procedure Under PCA, 1988

The appointment and functioning of Special Judges under the Prevention of Corruption Act, 1988 (PCA, 1988) are governed by specific provisions within the Act itself. However, regarding the procedural aspects of trials conducted by these judges, the general framework applicable to criminal courts is followed.

Governing Procedure for Special Judges

Special Judges appointed under the PCA, 1988, are required to follow the procedure prescribed by the general law applicable to criminal trials in India. This ensures consistency and fairness in the judicial process.

• The Prevention of Corruption Act, 1988, defines offenses related to corruption and specifies the powers and appointment of Special Judges.
• For the conduct of trials, including evidence, arguments, and judgment, these Special Judges adhere to the established procedural law.

Code of Criminal Procedure, 1973 Application

The Code of Criminal Procedure, 1973 (CrPC, 1973) lays down the fundamental procedure for criminal offenses and trials across India. As offenses under the PCA, 1988 are criminal in nature, the CrPC, 1973, is the applicable procedural code.

• Section 4 of the CrPC, 1973 states that all offenses under any other law shall, unless otherwise provided, be investigated, tried, and otherwise dealt with according to the provisions of the CrPC, 1973.
• Special Judges handle cases concerning corruption, which fall under the category of criminal offenses. Therefore, they follow the trial procedures outlined in the CrPC, 1973.

The other options are not primarily procedural codes for criminal trials:

• The Indian Penal Code, 1860 defines offenses but is not a procedural code.
• The Indian Evidence Act, 1872 governs the admissibility of evidence, which is a part of the procedure but not the entire procedural framework.
• The Civil Procedure Code, 1906 applies to civil matters, not criminal trials.

Hence, the procedure followed by the Special Judge appointed under the Prevention of Corruption Act, 1988, is prescribed by the Code of Criminal Procedure, 1973.