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The phrase "subject to the provisions of this Act" in Section 27 of the Prevention of Corruption Act,…

Section 27 lets the High Court exercise the powers of appeal and revision conferred on it by the procedural Code, now the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly…

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The phrase "subject to the provisions of this Act" in Section 27 of the Prevention of Corruption Act, 1988 indicates that:

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Section 27 lets the High Court exercise the powers of appeal and revision conferred on it by the procedural Code, now the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly the Code of Criminal Procedure, 1973; under s.8(1) of the General Clauses Act, 1897 the Act's reference to that Code is read as one to the Sanhita), but only "subject to the provisions of this Act". The exercise of those powers is therefore conditioned by the Act's own scheme: for example, s.6(2) bars an appeal by a convicted person in a summary case where the sentence does not exceed one month's imprisonment and a fine of two thousand rupees, and s.19(3) bars reversal of a special Judge's finding, sentence or order in appeal, confirmation or revision for an error or irregularity in the sanction unless a failure of justice has been occasioned, and bars the exercise of revisional powers over interlocutory orders. The powers are thus neither absolute nor available as of right in every case, and the Sanhita is applied, not excluded. Hence "The High Court's powers of appeal and revision are exercisable subject to the restrictions in the Act itself".

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