Several special features of the Act are based on two consideratins:

1. It should be possible to expeditiously handle and punish whitecollar offenders,i.e. corrupt public servants

2. There should be checks and controls against hasty or misdirected or unwarranted action against innocent public servants

The provision to appoint special judges was earlier covered by Criminal Law Amendment Act, 1952. The act covered operative provisions under Section 6 (1)(a), (b) and 6 (2); and 7 (1), 7(2) and 7(3). These sections are now covered by Section 3(1) (a), (b); 3(2) and 4(1), 4(2), 4(3) of P.C.Act, 1988.

Section 5 prescribing the procedure for a special judge and Section 6 providing for summary trial are new additions to P.C. Act, 1988,as these did not find a place in the earlier Act, 1947.

Special judges can be appointed, for any area or areas, as may be required, either by the Central or State Government by notification in Official Gazette. Special judges can conduct trials for any offences under the P.C. Act, 1988, or any conspiracy to commit or any attempt to commit or any abetment of any of the offences under the act. A special judged so appointed must be or have been a sessions judge or an additional sessions judge, or an assistant sessions judge under Code of Criminal Procedure. 1973 (Act 2 of 1974).

As per Section 4 of the ACT only the Special Judge appointed for the area, in which an offence under P.C. Act, 1988 was committed is competent to try the same. The special judge may also try any other offences committed by the accused under the ACT, if committed by him. 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.

As per Section 5(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 follow the procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by the Magistrates.

A warrant case has been defined in Section 2(x) of the Code of Criminal Procedure as " case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years".

A cognizable offence, in which a special judge may take cognizance of an offence is defined in Section 2(c) of the Code of Criminal Procedure as a case in which a police officer may arrest a person without a warrant.

'Committing an accused to a (special) judge' - After the completion of the investigation by the police, if the police is satisfied that there is prima facie case for proceeding against the accused or any of them, then he may file a charge sheet in the court of the Magistrate. The Magistrate is expected to apply his mind to the material available to him and decide whether he should take cognizance or not.

A Magistrate may take cognizance of the offence on the basis of the police report or the complaint. The magistrate is supposed to apply his mind to the material before him and is not bound by the police opinion in the matter. In certain cases, i.e. in cases against public servants and judges for example there is a need for sanction before the Magistrate can take cognizance of the offence. When the magistrate does take cognizance of the offence, then Magistrate may issue process i.e. either issue summons or a warrant to the accused. The Magistrate is obliged to give to the accused copies of all the documents that have been produced before him. In cases the offences are exclusively triable by a Sessions Court, then the magistrate has to commit the case to the Sessions Court. Incase of offences under P.C. Act, 1988 since the offence is to be exclusively triable by a special judge, it will be committed for trial to a judge. However a special judge can overlook all these formalities and without the same being followed, can take up trial of the case under procedure applicable for the trial of warrant cases by the Magistrates.

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.

The power to grant pardon is subject to -

1. it can be given to any person supposed to have been directly or indirectly concerned in, or privy to an offence

2. it can be given "with a view to obtaining the evidence of such person to whom pardon is to be given"

Sections 306 to 308 of the Code of criminal Procedure relate to the power to tender of pardon to accused or accomplice by the Court. Section 307 deals with tender pardon to accomplice. Section 307 deals with the power of the Court to direct tender of pardon. Section 308 deals with trial of person not complying with conditions of pardon.

The two sections read as under:

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.

Sections 326 and 475 of the Code of Criminal Procedure, 1973 (2 of 1974) referred above deal with matters as under:

• Section 326 - Conviction or commitment on evidence partly recorded evidence by one magistrate and partly by other.

• Section 475 - Delivery to Commanding Officers of persons liable to be tried by court martial.