Section 8B of the Central Vigilance Commission Act, 2003: Action on Investigation in Relation to Public Servants
Section 8B governs the stage after the Central Vigilance Commission decides under Section 8A(1)(a) to have a corruption complaint investigated. It prescribes the investigation timeline, requires the investigating agency to report to the Commission, and states the action the Commission may take after considering that report.
Text of Section 8B
8B. Action on investigation in relation to public servants.
(1) In case the Commission decides to proceed to investigate into the complaint under clause (a) of sub-section (1) of section 8A, it shall direct any agency (including the Delhi Special Police Establishment) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order and submit the investigation report containing its findings to the Commission:
Provided that the Commission may extend the said period by a further period of six months for the reasons to be recorded in writing.
(2) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), any agency (including the Delhi Special Police Establishment) shall, in respect of cases referred to it by the Commission, submit the investigation report to the Commission.
(3) The Commission shall consider every report received by it under sub-section (2) from any agency (including the Delhi Special Police Establishment) and may decide as to-
(a) file charge-sheet or closure report before the Special Court against the public servant;
(b) initiate the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority.
Meaning and operation of Section 8B
1. When Section 8B applies
The provision operates when the Commission has taken the course specified in Section 8A(1)(a), namely causing an investigation by an agency or by the Delhi Special Police Establishment. Section 8A itself concerns the statutory process following a preliminary inquiry in the category of public servants covered by that provision.
2. Six-month investigation period
The investigating agency is required to act as expeditiously as possible and ordinarily complete the investigation within six months from the Commission's order. The Commission may grant a further period of six months, but the reasons for extension must be recorded in writing.
3. Investigation report goes to the Commission
Sub-section (2) gives the reporting requirement an overriding formulation by using the words "Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973". For a case referred under Section 8B, the agency must submit its investigation report to the Commission.
4. Decision after investigation
After considering the report, the Commission may decide on filing a charge-sheet or closure report before the Special Court, or on initiation of departmental proceedings or other appropriate action through the competent authority, as specified in sub-section (3).
Relationship with Section 8A and the Lokpal framework
Sections 8A and 8B were added to the Central Vigilance Commission Act through Section 58 and the Schedule to the Lokpal and Lokayuktas Act, 2013. The amendments connect the Commission's role with references made under the Lokpal framework and provide a statutory sequence from preliminary inquiry to investigation and further action.
CrPC reference and BNSS 2023
The text of Section 8B(2) continues to contain an express reference to Section 173 of the Code of Criminal Procedure, 1973, which dealt with the report of the police officer on completion of investigation. The Bharatiya Nagarik Suraksha Sanhita, 2023 is in force from 1 July 2024, and Section 193 of the BNSS deals with the police report on completion of investigation. Readers should therefore distinguish between the unchanged wording of Section 8B and the present general criminal-procedure framework.
Official legal sources
For authoritative text and current statutory material, see the Central Vigilance Commission Act, 2003 on India Code, the Lokpal and Lokayuktas Act, 2013 on India Code, and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.
Disclaimer: This page is for general legal information. Statutory text, amendments, notifications and applicable judicial decisions should be checked for the facts of a particular matter.