(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offences specified in sub-section (1) of section 3 shall be tried by Special Judges only.
(2) Every offence specified in sub-section (1) of section 3 shall be tried by the Special Judge for the area within which it was committed, or, where there are more Special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government.
(3) When trying any case, a Special Judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the trial of an offence shall be held, as far as practicable, on day-to-day basis and an endeavour shall be made to ensure that the said trial is concluded within a period of two years:
Provided that where the trial is not concluded within the said period of two years, the Special Judge shall record the reasons for not doing so and extend the said period by six months at a time, so, however, that the said period shall not exceed four years in aggregate.
Legal Commentary & Landmark Judgments: Section 4
Section 4 establishes the exclusive jurisdiction of Special Judges and codifies the statutory mandate for day-to-day, continuous trials of corruption cases.
Crucially, sub-section (4), reinforced by the 2014 and 2018 amendments, mandates that the trial shall be held on a day-to-day basis and endeavor to conclude within two years. Extensions of six months at a time may be recorded in writing, subject to an overall ceiling of four years.
Section 4(4) codifies the legislative intent to eliminate protracted corruption litigation. The statutory two-year benchmark strips trial courts of arbitrary adjournment powers, ensuring that evidence is recorded continuously and corruption charges are expeditiously adjudicated.