2. Investigation & Trial u/s.9
The offences under this Act
shall be considered as
schedule offences under
the Anti-corruption Act,
2004 and
Shall also be investigated
by the Anti-corruption
Commission itself or any
officer of the commission
specially empowered in
this behalf or any officer of
the investigation agencies
authorized by the
commission
The offences under this Act
shall be tried by a special
Judge appointed under
section 3 if the Criminal
Law Amendment Act,1958.
A session Judge, the
Additional Session Judges,
and the Joint Session
Judge of all districts and
metropolitan areas have
the jurisdiction to try cases
under this Act within their
respective territorial
jurisdictions. Besides,
there are twenty –one
Special Courts established
for trying such cases.
3. Extra-ordinary Jurisdiction of Special
Judges u/s. 10
The Special Judge
may impose such
punishments as are
specified for the
offences under this
Act, and where
appropriate may pass
any necessary order
including order for
further investigations,
freezing attachments
or confiscation
property.
If a Special Judge
pass an order for
further investigation, it
has to specify time
limit which shall not
exceed six
months(06) directing
the investigation
officer to submit his
report.
4. Regarding cognizance, non-compoundability
& non-bailability of offences
etc. u/s.11 & 12
Offences under this Act shall
be cognizable, non-compoundable,
non-bailablle.
Inevitability of the approval of
the Anti-corruption
Commission:
No court shall take
cognizance of offences under
this Act without the approval
of the Anti-Corruption
Commission
After concluding the
investigation of the offences
under this Act, the
investigation officer shall take
prior approval of the Anti-corruption
Commission
before he submits his report
and shall submit the copy of
approval alongside the report.
5. Provision relating to bail
Any person accused
under this Act shall be
released on bail if-
1. The complainant is
given an opportunity of
being heard on the
application for bail.
2. The court is not
satisfied that there are
reasonable grounds to
believe that the
accused shall be found
guilty of the charges
brought against him.
3. The accused is a
woman, child,
physically disabled
person and the court is
satisfied that justice
may not be hindered by
reason of releasing him
on bail.
6. Appeal u/s.22
Any party aggrieved
by an order,
judgment ,decree or
sentence passed by
a Court under this
Act may prefer an
appeal before High
Court Division within
30 days from the
date of such order,
judgment, decree or
sentence.
7. I am
thankful to everyone who attended
my classes this semester with
enough patience and sheer
determinations
Best of luck for the Exam
&
Thanks Again!!!!!
