Section 22 The Prevention of Corruption Act,
Section 22 – The Prevention of Corruption Act, 1988
(as per the original 1988 Act and amended by the 2018 Amendment)
📜 Section 22: The Code of Criminal Procedure, 1973 to apply subject to certain modifications
This section states that the provisions of the Code of Criminal Procedure, 1973 (CrPC) shall apply to proceedings under the Prevention of Corruption Act, subject to the following modifications:
⚖️ Key Modifications under Section 22:
Trial of offences under the Act shall be held by a Special Judge only (as appointed under Section 3 of the Act).
In the CrPC:
References to “Magistrate” are to be construed as references to “Special Judge”.
References to “Magistrate of the first class” shall be deemed to refer to the Special Judge as well.
Special Judges can exercise all powers and functions exercisable by a District Judge under CrPC.
🔍 Purpose of Section 22:
To ensure that corruption cases are:
Tried only by Special Judges, not by regular magistrates.
Conducted with speed, expertise, and focused jurisdiction.
Not obstructed by procedural delays under general criminal law.
🧾 Case Reference (Illustrative):
In State of M.P. v. Ram Singh (2000), the Supreme Court emphasized the need for speedy trials under the Prevention of Corruption Act, and provisions like Section 22 help facilitate this by removing ordinary procedural bottlenecks.
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