Correct option is C
The correct answer is (c) High Court has the powers of review against the decisions of the special judge under the Prevention of Corruption Act, 1988.
Explanation
The Prevention of Corruption Act (PCA), 1988, follows the procedural framework of the Code of Criminal Procedure (CrPC) (now BNSS, 2023). In criminal law, there is a fundamental distinction between Appeal, Revision, and Review.
- (a) is correct: Under Section 27 of the PCA, the High Court exercises all the powers of appeal and revision conferred by the CrPC. If a Special Judge convicts or acquits someone, an appeal lies with the High Court.
- (b) is correct: The High Court has revisional jurisdiction to examine the legality, propriety, or correctness of any finding, sentence, or order recorded by the Special Judge.
- (c) is NOT correct: In criminal law, Review (the power of a court to re-examine its own judgment) is generally not available to the High Court or Subordinate Criminal Courts, except to correct clerical or arithmetical errors. Once a criminal court signs its judgment, it cannot review it. The power of review is primarily a feature of Civil Law (under the CPC) or the Supreme Court's extraordinary jurisdiction.
- (d) is correct: According to Section 5(3) of the PCA, the Court of the Special Judge is deemed to be a Court of Session for the purposes of the CrPC. Consequently, for appeals and revisions, it is treated as a Sessions Court, and the High Court acts as the superior court.
English
30 Questions
50 Marks
30 Mins
