Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act
Section 26 of the Prevention of Corruption Act, 1988 deals with special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act. Every special Judge appointed under the Criminal Law Amendment Act, 1952, for any area or areas and is holding office on the commencement of this Act shall be deemed to be a special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on and from such commencement, ev The Act came into force on 09 Sep 1988.
Every special Judge appointed under the Criminal Law Amendment Act, 1952, for any area or areas and is holding office on the commencement of this Act shall be deemed to be a special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on and from such commencement, every such Judge shall continue to deal with all the proceedings pending before him on such commencement in accordance with the provisions of this Act.
Section 26, The Prevention of Corruption Act, 1988 (Act 49 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vasant Arjunrao Bhandak vs State of Karnataka
Court's Decision & Legal Precedent
A notification issued under Section 26 of the Criminal Law Amendment Act, 1952 appointing a Special Judge for a specified area to try offences under the Prevention of Corruption Act, 1947 shall be deemed to be a valid appointment of a Special Judge under Section 3 of the Prevention of Corruption Act, 1988 for that area, and such appointment extends to all cases under the 1988 Act, not merely to cases pending at the time of commencement of the 1988 Act. The deeming fiction created by Section 26 read with Section 30(2) of the 1988 Act operates to validate old appointments for new cases without requiring fresh notifications.
On this section: Creates deeming fiction that Special Judges appointed under 1952 Act shall be deemed to be Special Judges under 1988 Act; Court held this applies to all cases, not just pending ones
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 26
What have the courts held on Section 26 of the Prevention of Corruption Act?
Vasant Arjunrao Bhandak vs State of Karnataka (12 Nov 2002) is the leading judgment on this section among those set out below: Creates deeming fiction that Special Judges appointed under 1952 Act shall be deemed to be Special Judges under 1988 Act; Court held this applies to all cases, not just pending ones.
How do I find court cases under Section 26 of the Prevention of Corruption Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: PC Act 26, section 26 PC Act, section 26 of the Prevention of Corruption Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vasant Arjunrao Bhandak vs State of Karnataka (12 Nov 2002).
What should I read with Section 26 of the Prevention of Corruption Act, and has it changed?
Its own text turns on section 3 (Power to appoint special Judges), so none of them can safely be read on its own.
When did Section 26 of the Prevention of Corruption Act come into force?
Section 26 of the Prevention of Corruption Act, cited as PC Act 26, came into force on 09 Sep 1988, having been enacted on 09 Sep 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties1666 words
- 19. Previous sanction necessary for prosecution869 words
- 2. Definitions716 words
- 9. Offence relating to bribing a public servant by a commercial organisation532 words
- 6. Power to try summarily374 words
- 5. Procedure and powers of special Judge368 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.