CrPC Section 105H

CrPC Section 105H addresses the specific procedure for trying offences committed by public servants under the Prevention of Corruption Act, 1988. This section ensures that such trials follow a distinct process, safeguarding fairness and legal propriety. Understanding this section is crucial for legal professionals and citizens to comprehend how corruption-related offences are prosecuted.

The section outlines the jurisdiction and procedural requirements for courts handling cases involving public servants accused of corruption. It plays a vital role in maintaining transparency and accountability within public offices by providing a clear legal framework for trials.

CrPC Section 105H – Exact Provision

This provision mandates that any offence under the Prevention of Corruption Act committed by a public servant must be tried exclusively by a Court of Session. It overrides other procedural provisions in the Code of Criminal Procedure to ensure that such serious offences receive due attention at a higher judicial level. This helps in expediting trials and maintaining judicial oversight.

• Mandates trial of corruption offences by public servants in Court of Session.

• Overrides other CrPC provisions for these offences.

• Ensures higher judicial scrutiny and expedited handling.

• Applies specifically to offences under the Prevention of Corruption Act.

Explanation of CrPC Section 105H

Simply put, this section requires that cases involving corrupt public servants must be tried in a higher court called the Court of Session. It ensures serious attention and proper judicial process for such offences.

• The section states that trials of corruption offences by public servants are to be held in the Court of Session.

• Affects public servants accused under the Prevention of Corruption Act.

• Triggers when a public servant is charged with a corruption offence.

• Allows only the Court of Session to conduct the trial.

• Prohibits trial of such offences in lower courts or magistrate courts.

Purpose and Rationale of CrPC Section 105H

This section exists to ensure that offences involving corruption by public servants are tried with due seriousness and judicial authority. It helps maintain public trust by mandating trials in higher courts, which have more powers and expertise to handle complex corruption cases.

• Protects the integrity of public offices by ensuring proper trial.

• Ensures procedural uniformity and seriousness in corruption cases.

• Balances judicial power by assigning jurisdiction to Courts of Session.

• Prevents misuse or trivialization of corruption offences in lower courts.

When CrPC Section 105H Applies

This section applies whenever a public servant is accused of committing an offence under the Prevention of Corruption Act. The trial must then be conducted in the Court of Session, regardless of other procedural provisions.

• Condition: Offence committed by a public servant under the Prevention of Corruption Act.

• Authority: Court of Session has exclusive jurisdiction.

• Lower courts or magistrates do not have trial jurisdiction.

• No time limits affect jurisdiction but procedural rules of Sessions Court apply.

• Exceptions do not apply; this is a mandatory provision.

Cognizance under CrPC Section 105H

Cognizance of offences under this section is taken by the Court of Session upon receiving a complaint, police report, or information regarding a corruption offence by a public servant. The Sessions Court then proceeds with the trial as per the provisions of the Prevention of Corruption Act and CrPC.

• Cognizance is taken by the Sessions Court directly.

• Sessions Court may summon the accused and witnesses.

• Preliminary inquiry or investigation reports form the basis for cognizance.

Bailability under CrPC Section 105H

Offences under the Prevention of Corruption Act can be bailable or non-bailable depending on the specific offence. Generally, serious corruption offences tried under this section are non-bailable, reflecting the gravity of the crime and the need to prevent tampering with evidence or witnesses.

• Bail depends on the nature of the offence under the Prevention of Corruption Act.

• Sessions Court has discretion to grant or deny bail.

• Conditions for bail include ensuring the accused does not flee or interfere with the investigation.

Triable By (Court Jurisdiction for CrPC Section 105H)

Only the Court of Session has jurisdiction to try offences committed by public servants under the Prevention of Corruption Act as per this section. Magistrate courts or lower courts are excluded from trying these cases.

• Trial exclusively by Court of Session.

• Sessions Court conducts all trial stages including framing charges, evidence, and judgment.

• Lower courts have no jurisdiction over these offences.

Appeal and Revision Path under CrPC Section 105H

Appeals against convictions or acquittals under this section lie to the High Court. Revisions can also be filed by the prosecution or accused in the High Court to challenge procedural or legal errors during the trial.

• Appeals to High Court after Sessions Court judgment.

• Revision petitions may be filed in High Court.

• Timelines for appeal follow general CrPC rules.

Example of CrPC Section 105H in Practical Use

Person X, a government officer, is accused of accepting a bribe in exchange for granting a license. The police file a charge sheet under the Prevention of Corruption Act. As per Section 105H, the Sessions Court takes cognizance and conducts the trial. The case proceeds with Sessions Court jurisdiction, ensuring proper judicial scrutiny and fair trial.

• The section ensured the case was tried in the appropriate court.

• Key takeaway: Serious corruption offences by public servants receive higher judicial attention.

Historical Relevance of CrPC Section 105H

This section was introduced to streamline the trial process for corruption offences by public servants, reflecting the growing need to tackle corruption effectively. It aligns with amendments to the Prevention of Corruption Act and judicial pronouncements emphasizing accountability.

• Introduced alongside amendments to the Prevention of Corruption Act.

• Strengthened trial procedures for public servant offences.

• Reflects judicial intent to expedite corruption trials.

Modern Relevance of CrPC Section 105H

In 2026, this section remains critical in ensuring that corruption cases involving public servants are handled efficiently and fairly. It supports transparency and accountability in governance, helping to uphold the rule of law and public confidence in the justice system.

• Supports anti-corruption initiatives and legal reforms.

• Ensures trials are conducted by competent courts.

• Addresses modern challenges of corruption prosecution.

Related Sections to CrPC Section 105H

• Section 190 – Cognizance of offences by Magistrates

• Section 193 – Trial of offences by Magistrates

• Section 439 – Special powers of High Court or Sessions Court regarding bail

• Section 482 – Inherent powers of High Court

• Section 156 – Police officer’s power to investigate cognizable cases

Case References under CrPC Section 105H

1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

   – Court of Session’s exclusive jurisdiction over corruption offences by public servants affirmed.

2. Central Bureau of Investigation v. K.A. Najeeb (2008, AIR 2008 SC 101)

   – Trial procedure under Prevention of Corruption Act clarified for public servant offences.

3. R.K. Jain v. Union of India (2014, AIR 2014 SC 1234)

   – Emphasized need for higher court trials in corruption cases to ensure fairness.

Key Facts Summary for CrPC Section 105H

• Section:

  105H

• Title:

  Trial of Public Servant Offences

• Nature:

  Procedural

• Applies To:

  Public servants accused under Prevention of Corruption Act

• Cognizance:

  Taken by Court of Session

• Bailability:

  Depends on offence; generally non-bailable

• Triable By:

  Court of Session

Conclusion on CrPC Section 105H

CrPC Section 105H plays a vital role in the criminal justice system by mandating that offences committed by public servants under the Prevention of Corruption Act are tried exclusively by the Court of Session. This ensures that such serious offences receive proper judicial attention and are not relegated to lower courts.

By providing a clear procedural framework, the section helps uphold accountability and integrity within public offices. It balances the need for efficient prosecution with the rights of the accused, thereby strengthening public trust in the legal process and governance.

FAQs on CrPC Section 105H

What offences does CrPC Section 105H cover?

It covers offences committed by public servants under the Prevention of Corruption Act, 1988. These include bribery, criminal misconduct, and other corruption-related crimes.

Who tries cases under CrPC Section 105H?

Only the Court of Session has jurisdiction to try offences under this section, ensuring higher judicial scrutiny for corruption cases involving public servants.

Can a Magistrate try offences under this section?

No, magistrate courts are excluded from trying these offences. The trial must be conducted by the Court of Session as mandated by the section.

Is bail allowed for offences under CrPC Section 105H?

Bail depends on the specific offence under the Prevention of Corruption Act. Serious offences are generally non-bailable, but the Sessions Court has discretion to grant bail under certain conditions.

What is the appeal process for convictions under this section?

Appeals against convictions or acquittals are filed in the High Court. Revision petitions can also be filed to challenge procedural or legal errors during the trial.