Section 22: The Code of Criminal Procedure, 1973 to apply subject to certain modifications

Prevention of Corruption Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 22

Section 22 of the Prevention of Corruption Act, 1988 governs the procedural interface between the PC Act and the general criminal law, mandating the application of the Code of Criminal Procedure, 1973 (now Bharatiya Nagarik Suraksha Sanhita, 2023) to all warrants, summonses, searches, seizures, and trials before the Special Judge. Subject to the express modifications carved out in Sections 5 and 6, it harmonizes the special procedural regime with general criminal jurisprudence under the canon of lex specialis derogat legi generali.

  • Statutory Adaptations and Substitutions: Adapts CrPC provisions to the Special Court framework, directing that references to a Magistrate or Court of Session be construed as references to the Special Judge, ensuring operational cohesion without jurisdictional lacunae.
  • Subordination to Special Statutory Provisions: CrPC applies only subject to modifications specified in the PC Act; where a direct conflict arises between general CrPC rules and special PC Act mandates (e.g., direct cognizance under Sec 5, statutory presumptions under Sec 20, sanction bars under Sec 19), the PC Act overrides the Code.
  • Procedural Uniformity in Search and Seizure: Governs the procedural validity of house searches, inventory preparation, arrest protocols, and seizure memos, subjecting anti-corruption police to the search safeguards under Section 100 CrPC (Section 103 BNSS).
Key Landmark Precedents:
  • A.R. Antulay v. Ramdas Sriniwas Nayak (1984) 2 SCC 500: A Constitution Bench held that the Special Judge is a court of original criminal jurisdiction; except where specifically altered or displaced by the special Act, the entire procedural reservoir of the CrPC is available to the Special Judge to ensure a fair and just trial.
  • Asian Resurfacing of Road Agency Pvt. Ltd. v. CBI (2018) 16 SCC 299: The Supreme Court ruled that in PC Act proceedings, interlocutory orders framing charges should not be routinely challenged or stayed under Section 482 CrPC; trials under the PC Act must proceed expeditiously on a day-to-day basis, severely restricting judicial interference that stalls anti-corruption trials.
  • High Court Bar Association, Allahabad v. State of U.P. (2024) 6 SCC 267: A 5-Judge Constitution Bench overruled the automatic 6-month vacation of stay rule laid down in Asian Resurfacing, but reaffirmed that in corruption cases under the PC Act, High Courts must exercise extreme restraint under Section 482 CrPC / Article 227 and grant stay of trial only in the rarest of rare, exceptional cases where grave injustice is manifest.
  • Harshad S. Mehta v. State of Maharashtra (2001) 8 SCC 257: The Supreme Court held that the CrPC remains the foundational procedural umbrella for special criminal trials; any departure from ordinary criminal procedure must be grounded in express statutory language or necessary legislative implication within the special Act.
Courtroom Practice & Strategic Litigation Guidance:

In drafting quashing or discharge petitions under Section 482 CrPC (Section 528 BNSS) or Section 227 CrPC (Section 250 BNSS), explicitly address the stringent threshold reaffirmed in High Court Bar Association and Asian Resurfacing. Do not merely plead factual contradictions; establish a fundamental jurisdictional defect—such as total absence of sanction under Section 19 or violation of Section 17A—which vitiates the proceedings at the threshold and justifies High Court intervention.