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Sec 4, Prevention of Corruption Act 1988: Cases Triable by Special Judges

Section 4 (Cases triable by special Judges) under Chapter II (Appointment of Special Judges) of the Prevention of Corruption Act 1988

❝(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offences specified in sub-section (1) of section 3 shall be tried by special Judges only.

(2) Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge for the area within which it was committed, or, as the case may be, by the special Judge appointed for the case, or where there are more special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government.

(3) When trying any case, a special Judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the trial of an offence shall be held, as far as practicable, on day-to-day basis and an endeavour shall be made to ensure that the said trial is concluded within a period of two years:

 Provided that where the trial is not concluded within the said period, the special Judge shall record the reasons for not having done so:

 Provided further that the said period may be extended by such further period, for reasons to be recorded in writing but not exceeding six months at a time; so, however, that the said period together with such extended period shall not exceed ordinarily four years in aggregate.❞



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Notes:

The Prevention of Corruption Act, 1988 was amended by the:
 - the Lokpal and Lokayuktas Act, 2013 (Act No. 01 of 2014);
 - the Prevention of Corruption (Amendment) Act, 2018 (Act No. 16 of 2018).

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