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The trial proceedings for an offence under the Prevention of Corruption Act, 1988 have to be continued on day to day basis until all witnesses in atte
Question

The trial proceedings for an offence under the Prevention of Corruption Act, 1988 have to be continued on day to day basis until all witnesses in attendance have been examined but the trial court can adjourn the case on the ground

A.

that the accused has filed an application before the High Court questioning an order of the trial court under Section 438 BNSS 2023

B.

the counsel of the accused is busy in another court

C.

that a witness is present in the court but the counsel does not want to cross-examine that witness

D.

solely to enable the accused to show cause against the sentence proposed to be imposed upon him by the court

Correct option is D

The correct answer is (d) solely to enable the accused to show cause against the sentence proposed to be imposed upon him by the court.

Explanation

Under Section 4(4) of the Prevention of Corruption Act (PCA), 1988, the trial of an offence must be held, as far as practicable, on a day-to-day basis. The law aims to prevent the "tactic of fatigue" where corruption cases are dragged out for years.

  • Why (d) is correct: In criminal trials, the "Finding of Guilt" and the "Passing of Sentence" are two distinct stages. According to the BNSS, 2023 (formerly CrPC), after a conviction is recorded, the Judge is legally required to hear the accused on the question of sentence to consider mitigating factors (age, health, family background). A short adjournment specifically for this purpose is a requirement of fair trial and natural justice.
  • Why (a), (b), and (c) are incorrect:
    • Statement (a): Section 19(3)(c) of the PCA explicitly states that no court shall stay the proceedings under the Act on the grounds of an error or irregularity in the sanction, nor should interlocutory revisions (under Section 397 CrPC / Section 438 BNSS) generally halt a day-to-day trial.
    • Statements (b) and (c): These are considered "dilatory tactics." Section 346 of the BNSS (formerly Section 309 CrPC) and various Supreme Court judgments (e.g., Vinod Kumar v. State of Punjab) make it clear that the unavailability of a lawyer or their refusal to cross-examine a witness who is already present in court are not valid grounds for adjournment.

Information Booster:

The 2018 Amendment to the PCA 1988 introduced strict statutory timelines to ensure that the "day-to-day" mandate results in a final verdict within a reasonable timeframe.

Statutory Timelines (Section 4):

  • Primary Goal: The trial should be concluded within 2 years.
  • Maximum Limit: While extensions can be granted for 6 months at a time (with written reasons), the total period for completion of the trial cannot exceed 4 years in aggregate.

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