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THE PREVENTION OF
CORRUPTION ACT , 1988 Preliminary 1.
Short title and extent 2.
Definitions Appointment of
Special Judges 3.
Power to appoint Special Judges 4.
Cases triable by Special Judges 5.
Procedure and powers of Special Judge 6.
Power to try summarily Offences and Penalties 7.
Public servant talking gratification other than legal 8.
Taking gratification, in order, by corrupt or illegal means, to influence
public servant 9.
Taking gratification, for exercise of personal influence with public
servant. 10. Punishment for abetment by public servant of offences
defined in Section 8 or 9 11.
Public Servant obtaining valuable thing, without consideration from
person concerned in proceeding or business transacted by such public servant. 12. Punishment for abetment of offences defined in Section 7 or 11. 13.
Criminal Misconduct by a public servant. 14. Habitual committing of offence Under Section 8,9 and 12. 15. Punishment for attempt. 16.
Matter to be taken into consideration for fixing file Investigation
into cases under the Act 17.
Persons authorized to investigate 18.
Power to inspect Banker’s Books Sanction for prosecution and other miscellaneous provisions 19. Previous sanction necessary for provision 20.
Presumption where public servant accepts gratification other
than legal remuneration 21. Accused person to be a competent witness 22.
The Code of Criminal Procedure, 1973 to apply subject to certain
modifications. 23. Particulars in a charge in relation to an offence under
Section
13(1)(c) 24.
Statement by bribe giver not to subject him to prosecution. 25.
Military, Naval and Air force or other Law not to be affected. 26.Special Judges appointed under Act 46 of 1952 to be Special Judges
appointed under this Act. 27.Appeal & Revision 28.
Act to be in addition to any other law 29.Amendment of the Ordinance 38 of 1944 30.
Repeal and Saving 31.
Omission of certain sections of Act 45 of 1860 THE PREVENTION OF CORRUPTION ACT, 1988 (Central Act
No.49 of 1988) An Act to consolidate and amend the law relating to the
Prevention of Corruption and for matters connected therewith.
Be it enacted by the
Parliament in the Thirty-ninth Year of the Republic of India as follows:- Preliminary 2)
It extends to the whole of India except the State of Jammu & Kashmir and it
applies also to all Citizens of India outside India. 2.
Definitions: - In this Act,
unless the context otherwise requires.- (a)
“Election”
means any election, by whatever means held under any law for the purpose of
selecting members of Parliament or any Legislature, local authority or other
public authority; (b)
“Public Duty” means
a duty in the discharge of which the State, the public or the community at large
has an interest; Explanation,-
In this clause “State” includes a Corporation
established by or under a Central, Provincial or State Act, or an
authority or a body owned or controlled or aided by the Government or a
Government company as defined in Section 617 of the Companies Act, 1956
(1 of 1956); (c)
“ Public Servant “ means.- (i)
any person in the service or pay of the Government or remunerated by the
Government by fees or commission for the performance of any public duty; (ii)
any person in the service or pay of a local authority ; (iii)any
person in the service or pay of a Corporation established by or under a Central
, provincial or State Act, or an authority or a body owned or controlled or
aided by the Government or a Government Company as defined in Section 617
of the Companies Act , 1956 (1 of 1956) (iv)
any judge, including any person empowered by Law to discharge, whether by
himself or as a member of anybody of persons, any adjudicatory functions; (v)
any person authorized by a court of justice to perform any duty, in connection
with the administration of justice, including a liquidator, receiver or
commissioner appointed by such court. (vi)
any arbitrator or other person to whom, any cause or matter has been referred
for decision or report by a court of justice or by a competent public authority. (vii)
any person who holds an office by virtue of which he is empowered to prepare ,
publish , maintain or revise an electoral roll or to conduct an election or part of
an election; (viii)
any person who holds an office by virtue of which he is authorised or required to
perform any public duty; (ix)
any person who is the president, Secretary or of other office bearer of a
registered co-operative society engaged in agriculture, industry, trade or
banking, receiving or having received any financial aid from the Central
Government or a State Government or
from any Corporation established by or under a Central, provincial or State Act,
or any authority or body owned or controlled or aided by the Government or a
Government Company as defined in Section 617 of the Companies Act, 1956 (1 of
1956); (x)
any person who is a Chairman, member or employee of any Service Commission or
Board, by whatever name called, or a member of any selection committee appointed
by such Commission or Board for the conduct of any examination or making any
selection on behalf of such Commission or Board; (xi)
any person who is a Vice-Chancellor or member of any governing body , professor,
reader, lecturer or any other teacher or employee, by whatever designation
called, of any University and any person whose services have been availed of by
a University or any other public authority in connection with holding or
conducting examinations; (xii)
any person who is an office bearer or an employee of an educational, scientific,
social , cultural or other institution, in whatever manner established, receiving
or having received any financial assistance from the Central Government or any
State Government or local or other public authority.
Explanation 1- persons falling under any
of the above sub-clauses or public servants whether appointed by the Government
or not. Explanation 2-
Wherever the words “Public Servant” occur, they shall be understood of every
person who is in actual possession of the situation of a public servant, Whatever
legal defect there may be in his right to hold that situation.
Appoint 3.Power to appoint Special
Judges. – (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 under this
Act 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(2 of
1974) 4.Cases triable by Special Judges.-(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 the Special
Judges only. (2)
Every offence specified in sub-section (1) of Section3 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 no 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 an 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), a Special Judge shall, as far as practicable, hold the trial
of an offence on day-to-day basis. (2) A Special
Judge may, with a view to obtaining the evidence of any person supposed to have
been directly in indirectly concerned in , or privy to an offence, tender a
pardon to such person on condition of his making a full and true disclosure of
the whole circumstances within his knowledge relating to the offence and to
every other person, concerned, whether as Principal or abettor, in the
commission there of and any pardon so tendered shall , for the purposes of
sub-sections (1) to (5) of Section 308 of the Code of Criminal Procedure,1973(2
of 1974), be deemed to have been tendered under Section 307 of that Code. (3) Save as
provided in sub/section (1) or sub-section (2), the provisions of the Code of
Criminal Procedure 1973(2 of 1974), shall, so far as they are not inconsistent
with this Act applied to the proceedings before a Special Judge and for the
purposes of the said provisions, the court of the Special Judge shall be deemed
to be a Court of Sessions and the persons conducting a prosecution before
Special Judge shall be deemed to be a public prosecutor. (4)In
particular and without prejudice to the generality of the provisions contained
in sub-section (3), the provisions of sections 326 and 475 of the Code of
Criminal Procedure, 1973 (2 of 1974, shall so far as may be, applied to the
proceeding before a special judge and for the purposes of the said provisions, a
Special Judge shall be deemed to be a Magistrate. (5)
A Special Judge may pass upon any person convicted by him any sentence authorized
by law for the punishment of the offence of which such person is
convicted. 6)
A Special Judge, while trying an offence punishable under this Act, shall
exercise all the powers and functions exercisable by a District Judge under the
Criminal Law Amendment Ordinance, 1944(Ordinance-38 of 1944). 6.Power to try Summarily.- (1)
Where a Special Judge tries any offence specified in sub-section (1) of Section
3 , alleged to have been committed by a Public Servant in relation to the
contravention of any special order referred to in sub-section (1) of Section 12-A
of the Essential Commodities Act 1955(10 of 1955), or of an order referred to in
clause(a) of sub-section (2) of that Section, than, notwithstanding anything
containing in sub-section (1) of Section –5 of this Act or Section 260 of the
Code of Criminal Procedure, 1973(2 of 1974) the Special Judge shall tray the
offence in a summary way , and the provisions of sections 262 to 265 (both
inclusive) of the said Code shall as far as may be, apply to such trial. Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Special Judge to pass a Sentence of imprisonment for a term not exceeding one year: (2)
Notwithstanding anything to the contrary contained in this Act or in the Code of
Criminal Procedure, 1973 (2 of 1974), there shall be no appeal by a convicted
person in any case tried summarily under this section in which the Special Judge
passes a sentence of imprisonment not exceeding one month, and of fine not
exceeding two thousand rupees whether or not any order under Section 452 of the
said Code is made in addition to such sentence, but as appeal shall lie where
any sentence in excess of the aforesaid limits is passed by the Special Judge.
Offences
and Penalties 7.Public
Servant taking gratification other than legal remuneration in respect of an
official act.-
Whoever, being , or expecting to be a public servant accepts or obtains
or agrees, to accept or attempts to obtain from any person , for himself or for
any other person, any gratification whatever, other than legal remuneration as a
motive or reward for doing or forbearing to do any official act or for showing
or forbearing to show, in the exercise of his official functions, favour or
disfavour to any person or for rendering or attempting to render any service or
dis-service to any person , with the Central Government or any State Government
or Parliament or the Legislature of any State or
with any local authority, corporation or Government Company referred to
in clause (c) of Section-2 , or with any public servant, whether named or
otherwise, shall be punishable with imprisonment which shall be not less than 6
months but which may extend to 5 years and shall also be liable to fine.
Explanations.-(a) “Expecting to be a public
servant”.
If a person not expecting to be in office obtains a gratification by
deceiving others into a belief that he is about to be in office and that he will
then serve them, he may be guilty of cheating, but he is not guilty of the
offence defined in this section. (b) “Gratification”.
The word “gratification” is not
restricted to pecuniary gratifications or to gratifications estimable in money. (c) “Legal
remuneration “. The words
“Legal remuneration” are not
restricted to remuneration which a public servant can lawfully demand, but
include all remuneration which he is permitted by the Government or the Organization
, which he serves , to accept. (d)”A
motive or reward for doing”. A
person who receives a gratification as a motive or reward for doing what he does
not intend or he is not in a position to do, or has not done, comes within this
expression. (e)Where a
Public Servant induces a person erroneously to believe that his influence with
the Government has obtained a title for that person and thus induces that person
to give the public servant, money or any other gratification as a reward for
this service, the public servant has committed an offence under this section. 8.Taking
gratification, in order , by corrupt or illegal means , to influence public
servant.- Whoever accepts or obtains , or agrees to accept
, or attempts to obtain, from any person, for himself or for any other person,
any gratification whatever as a motive or reward for inducing , by corrupt or
illegal means, any public servant, whether named or otherwise, to do or forbear
to do any official act, or in the exercise of the official functions of such
public servant to show favour or disfavour to any person , or to render or
attempt to render any service or dis-service to any person with the Central
Government or any State Government or Parliament or the Legislature of any State
or with any local authority , corporation or Government , Company referred to in
clause (c) of Section-2, or with any public servant, whether named or otherwise
, shall be punishable with imprisonment for a term which shall be not less than
six months but which may extend to five years and shall also be liable to fine. 9.Taking
gratification, for exercise of personal influence with public servant.-
Whoever accepts or obtains, or
agrees to accept, or attempts to obtain from any person, for himself or for any
other person, any gratification whatever, as a motive or reward for inducing, by
the exercise of personal influence, any public servant whether named or
otherwise to do or to forbear to do any official act, or in the exercise of the
official functions of such public servant to show favour or disfavour to any
person, or to render or attempt to render any service or disservice to any
person with the Central Government or any State Government or Parliament or the
Legislature of any State or with any local authority, corporation or Government
company referred to in clause (c) of Section2, or with any public servant,
whether named or otherwise, shall be punishable with imprisonment for a term
which shall be not less than six months but which may extend to five years and
shall also be liable to fine. 10. Punishment
for abetment by public servant of offences defined in Section 8 or 9.-
Whoever,
being a public servant, in respect of whom, either of the offences
defined in Section 8 or Section 9 is committed, abets the offence, whether or
not that offence is committed in consequence of that abetment shall be
punishable with imprisonment for a term which shall be not les than six months
but which may extend to five years and shall also be liable to fine. 11.Public
servant obtaining valuable thing without consideration from person concerned in
proceeding or business transacted by such public servant.-
Whoever, being a public servant, accepts or obtains or agrees to accept or
attempts to obtain for himself, or for any other person, any valuable thing
without consideration, or for a
consideration which he knows to be inadequate, from any person whom he knows to
have been or to be , or to be likely to be concerned in any proceeding or
business transacted, or about to be transacted by such public servant, or having
any connection with the official functions of himself or of any public servant
to whom he is subordinate, or from any person whom he knows to be interested in
or related to the person so concerned , shall be punishable with imprisonment
for a term which shall be not les than six months but which may extend to five
years and shall also be liable to fine. 12. Punishment
for abetment of offences defined in Section 7 or 11.-
Whoever abets any offence punishable under Section 7 or Section 11
whether or not that offence is committed in consequence of that abetment, shall
be punishable with imprisonment for a term which shall be not less that six months
but which may extend to five years and shall also be liable to fine. 13. Criminal
misconduct by a public servant.- (1) A public servant is said to commit the
offence of criminal misconduct.- (a)
if he habitually accepts or obtains or agrees to accept or attempts to
obtain from any person for himself or for any
other person any gratification other than legal remuneration as a motive or
reward such as is mentioned in Section 7; or (b)
if he habitually accepts or obtains or agrees to accept or attempts to
obtain from any person for himself or for any other person, any valuable thing
without consideration or for a consideration which
he knows to be inadequate from any person whom he knows to have been, or
to be , or to be likely to be concerned in any proceeding or business transacted
or about to be transacted by him, or having any connection with the
official functions of himself or of any public servant to whom he is
subordinate, or from any person whom he knows to be interested in or related to
the person so concerned; or (c)
if he dishonestly or fraudulently misappropriates or otherwise converts
for his own use any property entrusted to him or under his control as a public
servant or allows any other person so to do ; or (d)
if he .- (i)
by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage ; or (ii)
by abusing his position as a public servant, obtains for himself or for
any other person any valuable thing or pecuniary advantage; or (iii)
while holding office as a public servant obtains for any person any
valuable thing or pecuniary advantage without any public interest ; or (e)
if he or any person on his
behalf , is in possession or has , at any time during the period of his
office , been in possession for which the public servant cannot satisfactorily
account, of pecuniary resources or property disproportionate to his known
sources of income. Explanation:-
For the purposes of this section , “known sources of income" means income received from any lawful
source and such receipt has been intimated in accordance with the provisions of
any law , rules or orders for the time being applicable to a public servant. (2)
Any public servant, who commits criminal misconduct shall be punishable
with imprisonment for a term which shall be not less than one year but which may
extend to 7 years and shall also be liable to fine. 14.Habitual
committing of offence under Section 8, 9 and 12.- whoever habitually commits.-
(a)
an offence punishable under Section 8 or Section 9 ; or (b)
an offence punishable under Section 12 shall be punishable with
imprisonment for a term which shall be not less than two years but which may
extend to 7 years and shall also be liable to fine. 15.Punishment
for attempt.- Whoever attempts to commit an offence referred to in clause
(c) or clause (d) of sub-section (1) of Section-13 shall be punishable with
imprisonment for a term which may extend to 3 years and with fine. 16. Matters to
be taken into consideration for fixing fine.- Where a sentence of fine is imposed under sub-section (2) of Section
13 or Section 14 , the Court in fixing the amount of the fine shall take into
consideration the amount or the value of the property , if any, which the
accused person has obtained by committing the offence or where the conviction is
for an offence referred to in clause (e) of sub-section (1) of Section-13 , the
pecuniary resources or property referred to in that clause for which the accused
person is unable to account satisfactorily.
Investigation
into cases under the Act 17. Persons
authorized to investigate.-
Notwithstanding anything contained in the Code of Criminal Procedure ,
1973(2 of 1974), no Police Officer below the rank:- (a)
in the case of the Delhi Special Police Establishment, of an Inspector of
Police, (b)
in the Metropolitan areas of Bombay, Calcutta , Madras and Ahmedbad and
in any other Metropolitan area notified as such under sub-section (1) of
Section-8 of the Code of Criminal Procedure 1973 (2 of 1974) of an Assistant
Commissioner of Police.- (c) Elsewhere, of a Deputy Superintendent of Police, or a Police Officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the First Class, as the case may be, or make any arrest therefor, without a warrant: Provided that
if a Police Officer not below the rank of an Inspector of Police is authorized by the State Government in this behalf by the general or special order, he may
also investigate any such offence without the order of a Metropolitan Magistrate
or a Magistrate of the First class as the case may be, or make arrest therefor without a warrant. Provided
further that an offence referred to in clause (e) of Sub-section (1) of
Section-13 shall not be investigated without the order of a Police Officer not
below the rank of a Superintendent of Police.
Sanction
for Prosecution and other Miscellaneous Provisions 19. Previous
sanction necessary for prosecution:-
(1) No Court shall take cognizance of an offence punishable under
Sections 7, 10, 11, 13 and 15 alleged to have been committed by a Public Servant
except with the previous sanction.- (a)
in the case of a person who is employed in connection with the affairs of
the Union and is not removable from his office save by or with the sanction of
the Central Government , of that Government; (b)
In the case of a person who is employed in connection with the affairs of
a State and is not removable from his office save by or with the sanction of the
State Government, of that Government; (c)
In the case of any other person, of the authority competent to remove him
from his office. (2)
Where for any reason whatsoever any doubt arises as to whether the
previous sanction as required under sub-section (1) should be given by the
Central Government or the State Government or any other authority, such sanction
shall be given by that Government or authority which would have been competent
to remove the public servant from his office at the time when the offence was
alleged to have been committed. (3) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974).- (a) no finding, sentence or order passed by a Special Judge shall be reversed or altered by a Court in appeal , confirmation or revision on the ground of the absence of , or any error, omissions or irregularity in , the sanction required under sub-section (1), unless, in the opinion of that Court, a failure of Justice has in fact been occasioned thereby . (b) no court shall stay the proceedings under this Act on the ground of any error , omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error , omission, or irregularity has resulted in a failure of justice; (c)
no Court shall stay the proceedings under this Act on any other ground
and no Court shall exercise the powers of revision in relation to any
interlocutory order passed in any inquiry, trial , appeal or other proceedings. 4.
In determining under sub-section (3) whether the absence of , or any
error, omission or irregularity in , such sanction as occasioned or resulted in
a failure of justice the Court shall have regard to the fact whether the
objections could and should have been raised at any earlier stage in the
proceedings. Explanation.- For
the purposes of this section.- (a) error includes competency of the authority to grant sanction; (b)
a sanction required for prosecution
includes reference to any requirement that the prosecution shall be at the
instance of a specified authority or with the sanction of a specified person or
any requirement of a similar nature. 20.
Presumption where public servant accepts gratification other than legal
remuneration.- (1) Where, in any trial of an offence punishable under Section 7 or
Section 11 or clause (a) or clause (b) of sub-section (1) of Section-13 it is
proved that an accused person has accepted or obtained or has agreed to accept
or attempted to obtain for himself , or for any other person, any gratification
(other than legal remuneration) or any valuable thing from any person, it shall
be presumed, unless the contrary is proved, that he accepted or obtained or
agreed to accept or attempted to obtain that gratification or that valuable
thing, as the case may be , as a motive or reward such as is mentioned in
section 7 or , as the case may be , without consideration or for a consideration
which he knows to be inadequate. (2) Where in any trial
of an offence punishable under Section 12 or under clause (b) of Section –14 ,
it is proved that any gratification (other than legal remuneration) or any
valuable thing has been given or offered to be given or attempted to be given by
an accused person, it shall be presumed, unless the contrary is proved, that he
gave or offered to give or attempted to give that gratification or that valuable
thing, as the case may be , as a motive or reward such as is mentioned in
section 7, or, as the case may be, without consideration or for a consideration
which he knows to be inadequate. (3) Notwithstanding
anything contained in sub-sections (1) and (2) , the Court may declined to draw
the presumption referred to in either of the said sub-section, if the
gratification or thing aforesaid is , in its opinion so trivial that no
inference of corruption may fairly be drawn. 21.Accused
person to be a competent witness.- Any
person charged with an offence punishable under this Act, shall be a competent
witness for the defence and may give evidence on oath in disproof of the charges
made against him or any person charged together with him at the same trial: Provided that.- (a)
he shall not be called as a witness except at his own request; (b)
his failure to give evidence shall not be made the subject of any comment
by the prosecution or give rise to any presumption against himself or any person
charged together with him at the same trial; (c)
he shall not be asked, and if asked shall not be required to answer, any
question tending to show that he has committed or been convicted of any offence
other than the offence with which he is charged , or if of bad character,
unless.— (i)
the proof that he has committed or been convicted of such offence is
admissible evidence to show that he is guilty of the offence with which he is
charged, or (ii)
he has personally or by his pleader asked any question of any witness for
the prosecution with a view to establish his own good character, or has given
evidence of his good character, or the nature or conduct of the defence is such
as to involve imputations on the character of the prosecutor or of any witness
for the prosecution, or (iii)
he has given evidence against any other person charged with the same
offence. 22. The Code of
Criminal Procedure, 1973 to apply subject to certain modifications.—
The provisions of the Code of
Criminal Procedure , 1973 (2 of 1974) shall in their application to
any proceeding in relation to an offence punishable under this Act have effect
as if.— (a)
in sub-section (1) Section 243, for the words “The
accused shall then be called upon”, the words “The accused shall then
be required to give in writing at once or within such time as the Court may
allow, a list of persons(if any) whom he proposes to examine as his witnesses and
of the documents (if any) on which he proposes to rely and he shall then be
called upon” had been substituted; (b)
in sub-section (2)of Section 309, after the third proviso the following
proviso had been inserted, namely:- “Provided
also that the proceeding shall not be adjourned or postponed merely on the
ground that an application under Section 397 has been made by a party to the
proceeding.” (c)
after sub-section (2) of Section 317, the following sub-section had been
inserted , namely.- “(3)
Notwithstanding anything contained in sub-section (1) or sub-section (2), the
Judge may if he thinks fit and for reasons to be recorded by him, proceed with
inquiry or trial in the absence of the accused or his pleader and record the
evidence of any witness subject to the right of the accused to recall the
witness for cross-examination.” (d)
in sub-section (1) of Section 397, before the Explanation, the
following proviso had been inserted, namely.— “Provided
that where the powers under this section are exercised by a Court on an
application made by a party to such proceedings, the Court shall not ordinarily
call for the record of the proceedings.— (a)
without giving the other party an opportunity of showing
cause why the record should not be called for; or (b)
if it is satisfied that an examination of the record of the proceedings
may be made from the certified copies.” 23. Particulars
in a charge in relation to an offence under Section 13(1)(c).—
Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of
1974), when an accused is charged with an offence under clause (c) of
sub-section (1) of Section 13, it shall be sufficient to describe in the charge
the property in respect of which the offence is alleged to have been committed
and the dates between which the offence is alleged to have been committed,
without specifying particular items or exact dates, and the charge so framed
shall be deemed to be a charge of one offence within the meaning
of Section 219 of the said Code: Provided that
the time included between the first and last of such dates shall not exceed one
year. 24.Statement by
bribe giver not to subject him to prosecution.— Notwithstanding anything contained in any law for the time being in
force , a statement made by a
person in any proceeding against a public servant for an offence under Sections
7 to 11 under Section 13 or Section 15, that he offered or agreed to offer any
gratification(other than legal remuneration) or any valuable thing to the
public servant, shall not subject such person to a prosecution under Section 12. 25.Military,
Naval and Air Force or other law not to be affected.—
(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the
procedure applicable , to, any Court or other authority under the Army Act,
1950(45 of 1950) the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of
1957), the Border Security Force Act, 1968 (47 of 1968), the Coast Guard Act,
1978 (30 of 1978), and the National Security Guard Act, 1986 (47 of 1986). (2) For the
removal of doubts, it is hereby declared that for the purposes of any such law
as is referred to in sub-section (1), the Court of a Special Judge shall be
deemed to be a Court of ordinary criminal justice. 26.Special
Judges appointed under Act 46 of 1952 to be Special Judges appointed under this
Act.— Every Special Judge appointed under the Criminal Law Amendment Act, 1952,
for any area or areas and is holding office on the commencement of this Act
shall be deemed to be a Special Judge appointed under Section 3 of this Act for
that area or areas and, accordingly, on and from such commencement, every such
Judge shall continue to deal with all the proceedings pending before him on such
commencement in accordance with the provisions if this Act. 27. Appeal and
revision.— Subject to the provisions of this Act, the High Court may
exercise, so far as they may be applicable, all the powers of appeal and
revision conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a High
Court as if the Court of the Special Judge were a Court of Session trying cases
within the local limits of the High Court. 28.Act to be in
addition to any other law.— The provisions of this Act shall be in addition to, and not in derogation
of any other law for the time being in force, and nothing contained herein shall
exempt any public servant from any proceeding which might, apart from this Act,
be instituted against him. 29. Amendment
of the Ordinance 38 of 1944.— In the
Criminal Law Amendment Ordinance, 1944.— (a)
in sub-section (1) of Section 3, sub-section (1) of Section 9, clause (a)
of Section 10, sub-section (1) of Section 11 and sub-section
(1) of Section 13, for the words ”State Government”, wherever they
occur, the words “State Government or, as the case may be, the Central
Government” shall be substituted; (b)
in Section 10, in clause (a) , for the words “three months”, the
words “ one year “ shall be substituted; (c)
in the Schedule.— (I) paragraph
1 shall be omitted; (ii)in
paragraphs 2 and 4,-- (a)
after the words “ a local authority”, the words and figures
“ or a corporation established by or under a Central Provincial or
State Act, or an authority or a body owned or controlled or aided by Government
or a Government Company as defined in Section 617 of the Companies Act, 1956 (1
of 1956), or a society aided by such corporation , authority, body or Government
company” shall be inserted; (b)
after the words “or authority”, the words “or
corporation or body or Government company or society” shall be
inserted;
(iii)for
paragraph 4-A, the following paragraph shall be substituted, namely.—
“4-A. An offence punishable under the Prevention of Corruption Act,
1988.”
(iv) in paragraph 5, for the words and figures “items
2,3 and 4”, the
words, figures and letter “items 2,3,4 and 4-A” shall be substituted. 30. Repeal and
saving.— (1) The Prevention of
Corruption Act, 1947, (2 of 1947) and the Criminal Law Amendment Act, 1952 (46
of 1952) are hereby repealed. (2)
Notwithstanding such repeal, but without prejudice to the application of Section
6 of the General Clauses Act, 1897 (10 of 1897), anything done or any action
taken or purported to have been done or taken under or in pursuance of the Acts
so repealed shall, in so far as it is not inconsistent with the provisions of
this Act, be deemed to have been done or taken under or in pursuance of the
corresponding provision of this Act. 31.Omission of certain
sections of Act 45 of 1860.— Sections
161 to 165-A (both inclusive ) of the Indian Penal Code shall be omitted, and
Section 6 of the General Clauses Act, 1897(10 of 1897), shall apply to such
omission as if the said sections had been repealed by a Central Act.
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