owers of the Special Judge are dealt with under Section 5(5) & 5(6)

• 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. (Section 5(5)

• 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).(Section 5(6)

To prevent the disposal or concealment of property procured by means of certain offences, the Criminal Law Amendment Ordinance 1944 (Ordinance 38 of 1944) makes a provision for attachment of such property. All sections of the Prevention of Corruption Act, 1988 dealing with various offences are covered by this Ordinance.

Summary Trial is dealt within Chapter XXI of the Code of Criminal Procedure. In a summary trial the procedure specified in Code of Criminal Procedure for trial of summons case shall be followed. Section 274 specifies that

"the magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of his evidence in the language of the court".

However in respect of warrant cases tried by a magistrate, which is covered by Section 275,

"the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the magistrate himself for by his dictation in open court or, where he is unable to do so, owing to a physical, or other incapacity, under his direction and superintendence, by an officer of the court appointed by him on his behalf"

Summary Trial under PC Act is covered under Section 6(1), which reads as under:

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:

Section 12A of Essential Commodities Act deals with Power of the Central Government to issue notification "in the Official Gazette, specify such order to be a special order for purposes of summary trial under this Section, and every such notification shall be laid, as soon as may be after it is issued, before both Houses of Parliament."

Section l2A (2)(a) refers to summary trials with reference to specific commodities like cotton textiles, foodstuff, and drugs.

Section 260 of the Code of Criminal Procedure also deals with power of trial court for conducting Summary trials. Sections 262 to 265 of the Code prescribe the procedure for summary trials.

Section 6(1) continues with the following proviso

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.

As per Code of Civil Procedure section 262(2) "No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under Chapter XXI dealing with Summary Trials. This limitation does not apply in respect of summary trials under the prevention of corruption section 6(1)

Section 6(2) of the Act makes offences of specific category of punishments not appealable.

6(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

.

Using the sweeping powers granted, only officers of certain rank and above can conduct investigation and refer cases for prosecution. Offences under the P.C. Act are cognisable. Arrest of the accused can be made without obtaining a warrant. As the power is to be exercised prudently, it is vested at senior levels.

Section 17 reads as under:

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,-

1. in the case of the Delhi Special Police Establishment, of an Inspector of Police;

2. 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;

3. 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.

While the purpose vesting of sweeping powers in the hands of more experienced senior Investigating officers is to provide an inbuilt moderation against abuse or misuse of these powers, it is further provided that in respect of more serious offences, where the accused is deemed a habitual offender, it is necessary that prior orders of an officer not below the rank of Superintendent of Police has also to be obtained.

The purpose of this Section is to override provisions in the Banker's Book Evidence Act. This Act provides that the banker can furnish certified copies of records as evidence to the Courts, in place of production of original records. The facility is for prompt and instant accomplishment of investigation, and to conduct investigation from original and authentic sources. Sanction of senior police officers of the rank of SP or above is needed to exercise this power also.

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.