Section 4 The Prevention of Corruption Act,
Section 4 – The Prevention of Corruption Act, 1988
(As amended by the Prevention of Corruption (Amendment) Act, 2018)
🔹 Section 4: Cases to be tried by Special Judges
Text (Simplified):
Notwithstanding anything in the Code of Criminal Procedure, 1973, all offences under this Act shall be tried only by Special Judges appointed under Section 3.
🧾 Key Provisions Explained:
Exclusive Jurisdiction:
Only a Special Judge (appointed under Section 3 of the Act) can try offences under the Prevention of Corruption Act.
Overriding Effect:
This section overrides the general procedure under the CrPC, meaning regular criminal courts cannot try offences under this Act.
Efficient Trial Process:
The aim is to ensure speedy and focused trials for corruption-related offences by assigning them to dedicated judges.
⚖️ Purpose:
Section 4 is designed to:
Avoid delays in corruption cases.
Ensure that only experienced and designated judges handle such sensitive and technical matters.
Maintain specialized judicial machinery for corruption-related offences involving public servants.
🏛️ Related Case Law:
Subramanian Swamy v. Manmohan Singh (2012) 3 SCC 64:
Supreme Court emphasized the importance of timely prosecution in corruption cases and the role of Special Judges.
CBI v. Ashok Kumar Aggarwal (2013):
Reiterated that Special Judges under Section 4 have exclusive jurisdiction in trying corruption-related offences.
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