Investigation into cases Under The Prevention of Corruption Act, 1988 ( By Dabangg Lawyer )
Investigation into cases Under The Prevention of Corruption Act, 1988
Section 17. Persons authorised
to investigate
Normally, the police
can investigate crimes, but for certain cases only following officers can
investigate :
(1)
Delhi - an Inspector of Police
(2)
Big cities - only an Assistant Commissioner of Police
(3)
Other places - a Deputy
Superintendent of Police or an equivalent rank officer
Approval Requirements - However,
they can't investigate without permission from a Metropolitan Magistrate or a
Magistrate of the first class, and they can't make an arrest without a warrant,
except in special cases where the State Government allows an Inspector of
Police to investigate without permission.
Section 17A: Enquiry,
Inquiry, or Investigation of Offenses by Public Servants
No police officer can
investigate an alleged offense committed by a public servant under this Act without
prior approval, if it is related to recommendations or decisions made by that
public servant while performing their official duties.
ยท
Approval Requirements:
(1) For Union
government employees - Central Government's sanction is required.
(2) For State
government employees - State Government's sanction is needed.
(3) For other
public servants - The authority that can remove them from their office should
grant sanction.
(4)
Exceptions: Approval is not needed for cases involving the
immediate arrest of a person caught accepting or attempting to accept an undue
advantage for themselves or someone else.
Approval Timing - The relevant authority must communicate its
decision under this section within three months. This period can be
extended by one month if the authority provides written reasons for the
extension.
Written By : Harshavardhan Prakash Deshmukh,
B.A.LL.B. : Modern
Law College, Pune
Dabangg Lawyer Page (65K+
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Labels: 1988 ( By Dabangg Lawyer ), Investigation into cases Under The Prevention of Corruption Act
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