Home > Central Vigilance Commission Act, 2003 > Section 11

Section 11 CVC Act 2003 - Power Relating to Inquiries

Section 11 of the Central Vigilance Commission Act, 2003 gives the Central Vigilance Commission specified powers of a civil court when it conducts an inquiry referred to in clauses (b) and (c) of Section 8(1). These powers help the Commission secure attendance, obtain documents and records, receive affidavit evidence and issue commissions for examination.

In brief: Section 11 does not confer every civil-court function for every purpose. It applies while the Commission is conducting the inquiries identified in Section 8(1)(b) and Section 8(1)(c), and gives the Commission the civil-court powers stated in Section 11 for that inquiry.

Statutory text of Section 11

11. Power relating to inquiries. - The Commission shall, while conducting any inquiry referred to in clauses (b) and (c) of sub-section (1) of section 8, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and in particular, in respect of the following matters, namely:-

  1. summoning and enforcing the attendance of any person from any part of India and examining him on oath;
  2. requiring the discovery and production of any document;
  3. receiving evidence on affidavits;
  4. requisitioning any public record or copy thereof from any court or office;
  5. issuing commissions for the examination of witnesses or other documents; and
  6. any other matter which may be prescribed.

Meaning and scope of Section 11

The expression "Commission" means the Central Vigilance Commission constituted under Section 3 of the Act. Section 11 is an inquiry-enabling provision. It equips the Commission with procedural powers comparable to those of a civil court trying a suit under the Code of Civil Procedure, 1908, but the statutory trigger is an inquiry falling within Section 8(1)(b) or Section 8(1)(c).

Section 8(1)(b) concerns an inquiry or investigation into an offence alleged under the Prevention of Corruption Act, 1988 against specified categories of Central Government public servants. Section 8(1)(c) concerns an inquiry or investigation into such offences against specified officials of corporations established by or under a Central Act, Government companies, societies and local authorities owned or controlled by the Central Government.

Powers available to the CVC during an inquiry

  • Summons and attendance: the Commission may summon a person from any part of India, enforce attendance and examine the person on oath.
  • Discovery and production: it may require relevant documents to be discovered and produced.
  • Affidavit evidence: the Commission may receive evidence by affidavit.
  • Public records: it may requisition a public record, or a copy of it, from a court or office.
  • Commissions: it may issue commissions for examination of witnesses or documents.
  • Prescribed matters: the provision also covers any other matter prescribed under the Act.

Connection with Section 8 of the CVC Act

Section 11 expressly refers to clauses (b) and (c) of Section 8(1). Therefore, Section 11 should be read with Section 8 - Functions and powers of the Central Vigilance Commission. Section 8 identifies the categories of inquiries or investigations for which the Commission may exercise the powers described in Section 11.

Why Section 11 is important

The provision gives the Commission practical authority to collect evidence and compel cooperation during the specified statutory inquiries. The power to summon persons, call for documents, receive affidavits and requisition public records helps the Commission conduct an inquiry on an evidentiary record rather than depending only on voluntarily supplied material.

Official legal source

The current text of the Central Vigilance Commission Act, 2003 can be verified from the official India Code text of the Central Vigilance Commission Act, 2003. Information about the Commission and its functions is also available on the Central Vigilance Commission official website.

Related provisions

For the statutory context, also read Section 8 - Functions and powers of the Commission, Section 11A - Director of Inquiry and Section 12 - Proceedings before Commission to be judicial proceedings, and the Central Vigilance Commission Act, 2003 overview.