Section 5: Procedure and powers of special Judge

Q: What does Section 5 of The Prevention of Corruption Act, 1988 (PCA) deal with?

Section 5 PCA pertains to "Procedure and powers of special Judge". It is part of the The Prevention of Corruption Act, 1988, a legislation enacted by the Parliament of India. Section 5 of The Prevention of Corruption Act, 1988 (PCA) governs procedure and powers of special Judge. As verified on 19 May 2026.

Q: Is Section 5 PCA still in force?

Yes, Section 5 of the The Prevention of Corruption Act, 1988 is currently in force across the Republic of India.

Q: What is धारा 5 PCA?

धारा 5 PCA is the Devanagari Hindi reference for Section 5 of the The Prevention of Corruption Act, 1988. Section 5 of The Prevention of Corruption Act, 1988 (PCA) governs procedure and powers of special Judge. As verified on 19 May 2026.

Q: What is Dhara 5 PCA?

Dhara 5 PCA is the Roman Hindi reference for Section 5 of the The Prevention of Corruption Act, 1988. "Dhara" means "Section" in Hindi. Section 5 of The Prevention of Corruption Act, 1988 (PCA) governs procedure and powers of special Judge. As verified on 19 May 2026.

Q: How to cite Section 5 of The Prevention of Corruption Act, 1988?

Cite as: "Section 5, The Prevention of Corruption Act, 1988 (PCA)" in legal briefs. For academic writing, use the BlueBook format: The Prevention of Corruption Act, 1988, § 5 (India).

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(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.

(2)

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.

(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.

(5)

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.

(6)

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).