Report No. 77

12.6. Cases under Prevention of Corruption Act, 1947.-

Cases under the Invention of Corruption Act are tried in the sessions court and the judges of that court sit as special judges for the trial of those cases. Sub-section (3A) of section 8 was inserted by Criminal Law Amendment Act (Act 2 of 1958) in Criminal Law Amendment Act of 1952. According to that sub-section the provisions of section 350 of the Code of Criminal Procedure, 1898 shall as far as possible be applied to the proceedings before a special judge and for the purpose of the said provisions, a special judge shall he deemed to be a Magistrate.

The reasons which operated with the legislature in preventing the necessity of de novo trial in cases tinder the Prevention of Corruption Act would also, in our option, hold good even for other cases tried by the sessions court.