Case Note & Summary
The case involved an appeal by the appellant against a conviction for bribery under section 165A of the Indian Penal Code. The appellant was initially tried by an Assistant Sessions Judge and a jury for offering a bribe to a juror during a trial. Following a notification from the West Bengal Government, the case was transferred to a Special Judge, who later convicted the appellant under section 165A. The appellant contended that the Special Judge had no jurisdiction to try the case as section 165A was not included in the Schedule of the West Bengal Criminal Law Amendment Act at the time of the trial. The court examined the legislative history and determined that the Special Judge's jurisdiction arose only from cases specified in the Schedule, which did not include section 165A at the relevant time. The court held that the defect of jurisdiction could not be cured under section 529(e) of the Code of Criminal Procedure, as this provision applied to Magistrates and not to Special Judges. Consequently, the court found that the conviction was null and void due to the lack of jurisdiction, allowing the appeal and setting aside the conviction.
Headnote
A) Criminal Law - Jurisdiction of Special Courts - Defect of Jurisdiction - West Bengal Criminal Law Amendment (Special Courts) Act, 1949, Section 4(2) - The Special Judge lacked jurisdiction to try the appellant for an offence under section 165A as it was not specified in the Schedule at the time of cognizance. The case was distributed under sections 161/116, which was non-existent, leading to a null and void proceeding. Held that the conviction was invalid due to lack of jurisdiction (Paras 1-2).
Issue of Consideration
Whether the Special Judge had jurisdiction to try and convict the appellant under section 165A of the Indian Penal Code.
Final Decision
The Supreme Court allowed the appeal and set aside the conviction of the appellant under section 165A of the Indian Penal Code, ruling that the Special Judge had no jurisdiction to try the case as the offence was not specified in the Schedule at the time of cognizance.
Law Points
- jurisdiction
- abetment
- criminal procedure
- special courts
- cognizance
