Back
High Court Of Calcutta
G.R. Bhattacharjee, J.
H.D. Barman - Appellants
Vs
State Of W.B. - Respondents
Decided on: Jul 16, 1993
PREVENTION OF CORRUPTION ACT, 1988 - SPECIAL COURTS - JURISDICTION - OFFENCES PUNISHABLE UNDER THE ACT CAN BE TRIED ONLY BY SPECIAL JUDGES APPOINTED UNDER SECTION 3 OF THE ACT AND NOT BY ANY OTHER COURT.
Fact of the Case:
The petitioner was charged with offences under the Prevention of Corruption Act, 1988. The trial was held in a Special Court constituted under the West Bengal Criminal Law Amendment Special Courts Act, 1949. The petitioner challenged the jurisdiction of the Special Court on the ground that it was not empowered to try offences under the Prevention of Corruption Act, 1988.
Finding of the Court:
The court held that the Special Court did not have jurisdiction to try offences under the Prevention of Corruption Act, 1988. The court noted that Section 4 of the Act provides that offences punishable under the Act can only be tried by Special Judges appointed under Section 3 of the Act. The court also noted that the Judges of the Special Court were appointed under the West Bengal Criminal Law Amendment Special Courts Act, 1949, and not under Section 3 of the Prevention of Corruption Act, 1988.
Issues: Whether the Special Court had jurisdiction to try offences under the Prevention of Corruption Act, 1988.
Ratio Decidendi: The court held that the Special Court did not have jurisdiction to try offences under the Prevention of Corruption Act, 1988 because the Judges of the Special Court were not appointed under Section 3 of the Act. The court also held that Section 8 of the General Clauses Act, 1897, which provides that references in any other enactment to provisions that have been repealed and re-enacted shall be construed as references to the re-enacted provisions, did not apply in this case because Section 4 of the Prevention of Corruption Act, 1988 clearly stated that offences punishable under the Act could only be tried by Special Judges appointed under Section 3 of the Act.
Final Decision: The court quashed the proceedings in the Special Court.
1. IT appears that the CBI recorded FIR against the present petitioner and others on 30th November, 1989 under sections 120b/420 IPC and Section 13 of the Prevention of corruption Act, 1988 and took up investigation. It also appears that after investigation a case was started against the present petitioner under the prevention of Corruption Act, 1988 in the 3rd Special Court, Calcutta, being special case no. 5/93. It further appears that in the said case the judge 3rd Special Court, Calcutta issued summons to the petitioner as accused on the 29th March, 1993.
2. IN this revisional application the petitioner has challenged the proceeding in the court below on the ground that the Judge, Special Court had no jurisdiction to entertain a case under the Prevention of Corruption act, 1988 for trial. Earlier there was a Central legislation called the prevention of Corruption Act, 1947. The said legislation was enacted for making 'more effective provision for the prevention of bribery and corruption'. Section 5 of the said Prevention of Corruption Act 1947 defined criminal misconduct of public servant in discharge of official duty and provided for punishment of the same. There was however no provision in the said Act regarding the court empowered to try the said offence or for that matter, the offences punishable under sections 161, 162, 163, 164, 165 and 165a of the Indian Penal Code. Subsequently the State of West Bengal enacted a State legislation called the West Bengal Criminal Law amendment Special Courts Act. 1949 (West Bengal Special Courts Act. 1949, for short) for the purpose of making provision for speedy trial and more effective punishment' of certain offences specified in the Schedule to the Act. The offences punishable under Sections 161, 162, 163, 164, 165 and 165a I.P.C., Sections 409, 417 and 420 I.P.C. committed by a public servant or other persons mentioned Therein, an offence punishable under section 5 of the prevention of Corruption Act, 1947 as well as any offence of conspiracy attempt or abetment in respect of any such offence are included in the said Schedule. Section 4 of the West Bengal Special Courts act, 1949 provides that offences Specified in the Schedule to the Act shall be triable by Special Courts only and when trying any such case the special Court may also try any other offence with which the accused may, under the Code of Criminal Procedure, be charged at the same trial. Section 2 of the West Bengal Special Courts Act, 1949 empowers the State government to constitute by notification in the official gazette one or more special Courts and to appoint a Judge to preside over a Special Court. In 1952 the Parliament enacted the Criminal Law (Amendment) Act, 1952 with the object of amending. the Indian Penal Code and the Code of criminal Procedure and of providing for a more speedy trial of certain offences. Section 6 of the said Act empowered the State Government, to appoint by notification in the official gazette, Special Judges to try the offences said section of the Criminal Law (Amendment) Act, 1952 by the state Government in West Bengal for trying an offence under section 5 of the prevention of Corruption Act, 1947. In 1988 a Central Act, namely, the prevention of Corruption Act, 1988 came into force and by Section 13. repealed both the prevention of corruption Act, 1947 and the Criminal Law (Amendment) Act, 1952. Parliament enacted the Prevention of Corruption Act, 1988 to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith'. By Section 31 of the said 1988 Act Sections 161, 162, 163, 164, 165, and 165a of the Indian Penal Code were omitted of course, the provisions relating to those offences were re-enacted in the 1988 Act, with some modifications, in Sections 7, 8, 9, 10 and 11. The maximum punishment prescribed for those offences in the Indian Penal code was enhanced in each case under the Prevention of Corruption Act, 1988 and this Act
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
