Section 3 The Prevention of Corruption Act,
Here is the detailed explanation of Section 3 of the Prevention of Corruption Act, 1988:
๐ Section 3 โ Power to appoint Special Judges
(Under The Prevention of Corruption Act, 1988)
๐งพ Bare Act Language:
(1) The Central Government or the State Government may, by notification in the Official Gazette, appoint as many Special Judges as may be necessary for such area or areas as may be specified in the notification to try the following offences, namely:
(a) any offence punishable under this Act; and
(b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a).(2) A person shall not be qualified for appointment as a Special Judge unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973.
โ Explanation:
๐น 1. Power to Appoint Special Judges:
The Central or State Government has the power to appoint "Special Judges".
This is done by issuing a notification in the Official Gazette.
๐น 2. Purpose of Special Judges:
They are specifically appointed to try:
Offences under the Prevention of Corruption Act (e.g., bribery, misuse of official position, etc.)
Related crimes like conspiracy, attempt, or abetment.
๐น 3. Qualifications of Special Judges:
Only a person who:
Is or has been a Sessions Judge, Additional Sessions Judge, or Assistant Sessions Judge under CrPC can be appointed.
๐ Objective:
To ensure that corruption-related offences are tried quickly and efficiently by experienced judicial officers, and not mixed with regular criminal trials.
๐งโโ๏ธ Example:
Suppose a government officer is caught accepting a bribe. The trial for this offence will be conducted by a Special Judge appointed under Section 3 of this Act, not a regular Magistrate.
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