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Who are Persons authorised to investigate? What is Power to inspect bankers' books? Section 17 and 18 of Prevention of Corruption Act 1988

Persons authorised to investigate and Power to inspect bankers' books are defined under section 17 and 18 of Prevention of Corruption Act 1988. Provisions under these Sections are:

Section 17 of Prevention of Corruption Act "Persons authorised to investigate"

Section 17. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,-
(a) in the case of the Delhi Special Police Establishment, of an Inspector of Police;

(b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal Procedure, 1973 (2 of 1974), of an Assistant Commissioner of Police;
 

 

(c) elsewhere, of a Deputy Superintendent of police or a police officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant :

Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant :

Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police.

Section 18 of Prevention of Corruption Act "Power to inspect bankers' books"

Section 18. If from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under section 17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers' books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers' books in so far as they relate to the accounts of the persons suspected to have committed that offence or of any other person suspected to be holding money on behalf of such person, and take or cause to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist the police officer in the exercise of his powers under this section :

Provided that no power under this section in relation to the accounts of any person shall be exercised by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this behalf by a police officer of or above the rank of a Superintendent of Police.

Explanation.-In this section, the expressions "bank" and "bankers' books" shall have the meanings respectively assigned to them in the Bankers' Books Evidence Act, 1891 (18 of 1891).

Prevention of Corruption Act 1988

What are the Definitions? Section 2 of Prevention of Corruption Act 1988

What is Power to appoint special Judges? What are Cases triable by special Judges? Section 3 and 4 of Prevention of Corruption Act 1988

What is the Procedure and powers of special Judge? What is Power to try summarily? Section 5 and 6 of Prevention of Corruption Act 1988

What is Public servant taking gratification other than legal remuneration in respect of an official act? What is Taking gratification, in order, by corrupt or illegal means, to influence public servant? Section 7 and 8 of Prevention of Corruption Act 1988

What is Taking gratification, for exercise of personal influence with public servant? What is Punishment for abetment by public servant of offences defined in section 8 or 9? Section 9 and 10 of Prevention of Corruption Act 1988

What is the meaning Public servant obtaining, valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant? What is Punishment for abetment of offences defined in section 7 or 11? Section 11 and 12 of Prevention of Corruption Act 1988

What is the Criminal mis-conduct by a public servant? Habitual committing of offence under sections 8, 9 and 12  defined in section 7 or 11? Section 13 and 14 of Prevention of Corruption Act 1988

What is the Punishment for attempt? Which Matters to be taken into consideration for fixing fine? Section 15 and 16 of Prevention of Corruption Act 1988

Who are Persons authorised to investigate? What is Power to inspect bankers' books? Section 17 and 18 of Prevention of Corruption Act 1988

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