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    A special judge appointed to try offences under the Prevention of Corruption Act, 1988 can try in a summary way an offence committed by a public serva
    Question

    A special judge appointed to try offences under the Prevention of Corruption Act, 1988 can try in a summary way an offence committed by a public servant in relation to contravention of
    1. any special order under Section 12A(1) of the Essential Commodities Act, 1955
    2. an order referred to in Section 12A(2)(a) of the Essential Commodities Act, 1955
    3. an order referred to in Section 12A(2)(b) of the Essential Commodities Act, 1955
    Select the correct answer using the code given below:

    A.

    1 only

    B.

    2 only

    C.

    1 and 2  only

    D.

    1,2 and 3

    Correct option is C

    The correct answer is (c) 1 and 2 only.

    Explanation

    Under the Prevention of Corruption Act (PCA), 1988, a Special Judge has the authority to try certain offences in a summary way (a simplified and faster trial procedure). This power is specifically outlined in Section 6 of the Act.

    The law provides that if a public servant is alleged to have committed an offence (under Section 3 of the PCA) in relation to the contravention of specific orders under the Essential Commodities Act, 1955, the trial must be summary. These specific orders are:

    • Statement 1 is correct: Any special order referred to in Section 12A(1) of the Essential Commodities Act, 1955. These are orders notified by the Central Government in the interest of production, supply, or distribution of essential commodities.
    • Statement 2 is correct: An order referred to in Section 12A(2)(a) of the Essential Commodities Act, 1955. This typically refers to orders made under Section 3 of that Act regarding specific foodstuffs (like edible oils) or drugs.
    • Statement 3 is incorrect: Section 6 of the PCA 1988 does not explicitly mention Section 12A(2)(b) of the Essential Commodities Act in the context of the Special Judge's summary trial powers.

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