(1) The Central Government or the State Government may, by notification in the Official Gazette, appoint as many Special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely:—
(a) any offence punishable under this Act; and
(b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a).
(2) A person shall not be qualified for appointment as a Special Judge under this Act unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973 (2 of 1974).
Legal Commentary & Landmark Judgments: Section 3
Section 3 empowers the Central Government and State Governments to appoint Special Judges to try corruption offences under the Act.
By enforcing these operational parameters, this statutory provision establishes binding legal certainty and consistent judicial enforcement.
Section 3 guarantees that corruption prosecutions are not tried by junior magisterial courts but are handled exclusively by senior judicial officers of the rank of Sessions Judge, ensuring high judicial expertise, trial independence, and procedural gravity.