A Special Judge appointed to try offences under the Prevention of Corruption Act, 1988:
1. may take cognizance of offences under the Act without the accused being committed to him for trial
2. shall follow the procedure prescribed under the BNSS 2023 for trial of warrant cases by Magistrates
3. shall be deemed to be a Magistrate for following procedure prescribed under Sections 365 and 521 of the BNSS 2023.
Select the correct answer using the code given below:

Correct option is D

The correct answer is (d) 1, 2 and 3.

Explanation

The powers and procedures of a Special Judge are defined under Section 5 of the Prevention of Corruption Act (PCA), 1988. With the replacement of the Code of Criminal Procedure (CrPC), 1973, by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, these procedural references are now construed in the context of the new law.

• Statement 1 is correct: Under Section 5(1) of the PCA, a Special Judge has the unique power to take direct cognizance of an offence. Unlike a regular Sessions Judge, who usually requires a case to be "committed" by a Magistrate, a Special Judge can start the trial process directly upon receiving a complaint or a police report.
• Statement 2 is correct: Although a Special Judge is typically of the rank of a Sessions Judge, Section 5(1) mandates that in trying the accused, they must follow the procedure prescribed for the trial of warrant cases by Magistrates. Under the new regime, this refers to the procedure laid out in the BNSS, 2023.
• Statement 3 is correct: To ensure administrative and procedural continuity, Section 5(4) of the PCA creates a "deeming fiction." It states that for certain technical procedures, the Special Judge is treated as a Magistrate. Specifically:
• Section 365 of BNSS (formerly Sec 326 CrPC): Allows a successor judge to continue a trial based on evidence partly recorded by their predecessor.
• Section 521 of BNSS (formerly Sec 475 CrPC): Deals with the delivery of persons to military authorities for trial by Court-martial.