Section 6 The Prevention of Corruption Act,
Here is a detailed explanation of Section 6 of the Prevention of Corruption Act, 1988 (as amended):
Section 6 – Power to try summarily
(1) Where a Special Judge tries any offence punishable under sections 7, 11, 13 and 15 of this Act, and the accused does not have a previous conviction under this Act, the Special Judge may try the case in a summary way under the Code of Criminal Procedure, 1973.
(2) However, in such summary trials, if the Special Judge finds that a sentence of imprisonment exceeding one year may have to be passed, then the case must be tried in the regular way (not summarily), and any previous proceedings will be considered part of the regular trial.
🔍 Explanation:
Summary trial is a faster and simpler legal process with fewer formalities.
This provision allows Special Judges to speed up trials for less serious corruption offences, provided the accused is a first-time offender.
If during the trial, it appears that a punishment beyond one year might be needed, the judge must switch to a regular trial.
⚖️ Relevant Offences under the PCA for Summary Trial:
Section 7 – Public servant taking gratification other than legal remuneration.
Section 11 – Public servant obtaining valuable thing without consideration.
Section 13 – Criminal misconduct by a public servant.
Section 15 – Punishment for attempt to commit offences under Section 13(1)(c) or (d).
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