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The Prevention of Corruption Act, 1988 |
Prevention of Corruption Act, 1988
An Act to consolidate and amend the law relating to the prevention of corruption and for matters connected therein was passed and enacted by the Parliament on 9th September, 1988. The complete text follows:
1.This Act may be called the Prevention of
Corruption Act, 1988.
2.It extends to the whole of India except the State of Jammu and Kashmir and it
applies also to all citizens of India outside India.
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 of 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 cominunity 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 Govermnent or a Govermnent 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 any body of persons, any
adjudicatory sanctions;
v.any person authorised by a court of justice to perform any
duty, in connection with the administration of justice, including a liquidator,
receiver or conmmissioner 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 peform any public duty;
ix.any person who is the president, secretary or 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 Govennnent, or local or
other public authority.
Explanation 1 :Persons falling under any of the above sub-clauses are
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.
3.Power to appoint special Judges :
1.The Central Govermnent 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 or for such case or group of cases 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 speciaI 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 special Judges
only.
2.Every offence specified in sub-section (1) of section 3 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 more
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 any offence, other than an
offence specified in section 3, with which the accused may, under the Code
ofCriminal 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.
5.Procedure and Powers of Special Judges :
1.A special Judge may take cognizance of offences without the accused being
committed to him for trial and, in trying the accused persons, shall fol1ow the
procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for
the trial of warrant cases by the Magistrates.
2.A special Judge may, with a view to obtaining the evidence of any person
supposed to have been directly or 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 thereof 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, apply to the proceedings before a special Judge;
and for purposes of the said provisions, the court of the special Judge shall
be deemed to be a Court of Session and the person conducting a prosecution
before a 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, apply to
the proceedings 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
authorised 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 12A 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, then,
notwithstanding anything contained 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 try 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:
Provided further that when at the commencement of, or in the course of, a
summary trial under this section, it appears to the special Judge that the
nature of the case is such that a sentence of imprisonment for a term exceeding
one year may have to be passed or that it is, for any other reason, undesirable
to try the case summarily, the special Judge shall, after hearing the parties,
record an order to that effect and thereafter recall any witnesses who may have
been examined and proceed to hear or re-hear the case in accordance with the
procedure prescribed by the said Code for the trial of warrant cases by
Magistrates.
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 an appeal shall
lie where any sentence in excess of the aforesaid limits is passed by a special
Judge.
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
disservice to any person, with the Central Government or any State Govermnent
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 six months but which may extend to
five years and shall also be liable to fine.
Explanation.-
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
organisation, 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 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 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 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 for 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
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.
10. Punishment for abetment by public servant of offences 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 less 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 less 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 than 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
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 to do so; 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;
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 seven years and shall also be liable to fine.
14. Habitual committing of offence under sections 8, 9 and 12 :
Whoever habitually commits.-
a.an offence punishable under section 8 or section 9; or
b.an offence punishble under section 12, shall be punishable with
imprisonment for a term which shall be not less than two years but which may
extend to seven 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 three years and with fine.
16. Matters to be taken into considertaion for fixing fine :
Where a sentence of fine is imposed under sub-section (2) of section 13 or
section 14, the court is 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.
17. Persons Authorised to investigate :
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2
of 1974), no police officer below the ank,-
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 Ahmedabad 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 authorised by the State Government in this behalf by 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.
18. Power to inspect bankers' book :
If from information received or otherwise, a police officer has reason to
suspect the commission of an offence which he is empowered to investigate under
section 17 and considers that for the purpose of investigation or inquiry into
such offence, it is necessary to inspect any bankers' books, then
notwithstanding anything contained in any law for the time being in force, he
may inspect any bankers' books in so far as they relate to the accounts of the
persons suspected to committed that offence or of any other person suspect to
be holding money on behalf of such person, and take or cause to be taken
certified copies of the relevant entries there from, and the bank concerned
shall be bound to assist the police officer in the exercise of his powers under
this section:
Provided that no power under this section in relation to the accounts of any
person shall be exercised by a police officer below the rank of a
Superintendent of Police, unless he is specially authorised in this behalf by a
police officer of or above the rank of a Superintendent of Police.
Explanation.-In this section, the expressions "bank" and
"bankers' books" shall have the meanings respectively assigned to
them in the Bankers' Books Evidence Act, 1891.
19. Previous sanction necessary for prosecution :
1.No court shall take cognizance of an offence punishable undersections 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 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 oftice. 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 acourt in appeal, confirmation or revision on
the ground of the absence of, or any error, omission 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 has occasioned or resulted in a
failure of justice the court shall have regard to the fact whether the
objection 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 isproved, 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 (l) and (2), the court may
decline to draw the presumption referred to in either of the said sub-sections,
if the gratification or thing aforesaid is, in its opinion, so trivial that no
interference of corruption may fairly be drawn.
21. Accused person to be 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 is 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 issuch
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. 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) of 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 the 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-seetion (2), the Judge may, if he thinks fit and for reasons to be
recorded by him, proceed with enquiry 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 or under section 13 or section 15, that he offered or
agreed to offer any gra tification (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 Froce Act, 1968 (47 of 1968), the Coast Guard
Act, 1978 (30 of 1978) and the National Securi ty Guard Act, 1986 (47 of
1986).
2.For the removal of doubts, it is here by 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 of 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 addtion to any other Law :
The provisions of this Act shall be in addition to, and not in derogation of,
any other law for the tilne 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 (l) of section 9, clause (a) of
section 10, sub-section (l) 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.if 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 insection 617 ofthe
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 4A, the following paragraph shall be substituted, namely:- "4A.
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 4A" 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 ct, 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 165A (both inclusive) of the Indian Penal Code, 1860 (45 of
1860) 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.