SOCIO-ECONOMIC OFFENCES

UNIT 4
INVESTIGATION & PROSECUTION

Mr. Tarun Sharma

Assistant Professor
DME law school
[email protected]
CENTRAL VIGILANCE
COMMISSION
 Introduction To CVC
• Central Vigilance Commission is the apex vigilance institution, free of
control from any executive authority, monitoring all vigilance activity
under the Central Government and advising various authorities in
Central Government organizations in planning, executing, reviewing and
reforming their vigilance work.

• Vigilance means to ensure clean and prompt administrative action towards

achieving efficiency and effectiveness of the employees in particular and
the organization in general, as lack of Vigilance leans to waste, losses and
economic decline.

• The CVC was set up by the Government in February, 1964 on the

recommendations of the Committee on Prevention of
Corruption, headed by Shri K. Santhanam. In 2003, the Parliament
enacted CVC Act conferring statutory status on the CVC.

• The CVC is not controlled by any Ministry/Department. It is an

independent body which is only responsible to the Parliament.
 History of CVC
• The Special Police Establishment (SPE) which was set up in 1941 by
the Government of India.
• The functions of the SPE then were to investigate cases of bribery
and corruption in transactions with the War & Supply
Department of India during World War II.
• Even after the end of the War, the need for a Central Government
agency to investigate cases of bribery and corruption by Central
Government employees was felt.

• The Delhi Special Police Establishment Act was therefore brought

into force in 1946.
• After promulgation of the Act, superintendence of
SPE was transferred to the Home Department and its functions
were enlarged to cover all departments of the Government of India.
• The jurisdiction of SPE was extended to all the Union
territories and the Act provided for its extension to States with the
consent of the State Government.
• By 1963, the SPE was authorised to investigate offences under 91
different sections of Indian Penal Code (IPC) and 16 other Central
Acts besides offences under the Prevention of Corruption Act 1947.

• A growing need was felt for a Central Police Agency at disposal of

the Central Government which could investigate not only cases of
bribery and corruption, but also:

• violation of Central fiscal laws,

• major frauds relating to Government of India departments,
• public joint stock companies,
• passport frauds,
• crimes on the high seas,
• crimes on the Airlines,
• and serious crimes committed by organized gangs and professional
criminals.
• The Government promulgated an Ordinance in 1998, conferring
statutory status to the CVC and the powers to exercise
superintendence over functioning of the Delhi Special Police
Establishment (CBI), and also to review the progress of the
investigations pertaining to:

• alleged offences under the Prevention of Corruption Act,

1988 conducted by them.

• The Commission was given statutory status by the enactment of “The

Central Vigilance Commission Act, 2003”.

• After enactment of CVC Act, 2003, the Commission became a

multi-member body consisting of a Central Vigilance
Commissioner (Chairperson) and not more than two Vigilance
Commissioners (Members), to be appointed by the President.
• The Supreme Court in a Writ Petition filed after the murder of Shri Satyendra
Dubey in 2003, a whistle-blower, directed that a machinery be put in place for
acting on complaints from whistle-blowers till a law is enacted.

• In pursuance of that direction, the Government of India notified the Public

Interest Disclosure and Protection of Informers Resolution (PIDPI), 2004:

• This Resolution is popularly known as “Whistle Blowers” Resolution and

it designated the Central Vigilance Commission as the agency to receive
and act on complaints or disclosure on any allegation of corruption or
misuse of office from whistle blowers.
• The Commission has been entrusted with the responsibility of keeping the
identity of the complainant secret while lodging a complaint under PIDPI
Resolution, in order to provide protection to whistle blowers from
victimisation.

• The Public Interest Disclosure and Protection to Person Making the

Disclosures (PIDPPMD) Bill 2010 renamed as “The Whistle Blowers’
Protection Bill, 2011” was enacted by the Central Government in Parliament
as “The Whistle Blowers’ Protection Act, 2014”.
• Through subsequent ordinances and legislations the
Government has added to the functions and powers of the
Commission.
• In 2013, the Parliament enacted the Lokpal and Lokayuktas
Act, 2013.

• This act has amended CVC Act, 2003 whereby the

Commission has been empowered to conduct preliminary
inquiry and further investigation into complaints referred by
the Lokpal.

• On the issue of overlap of jurisdiction between the CVC Act

and The Lokpal and Lokayuktas Act, the Commission has
communicated its suggestions to the Department-
Related Parliamentary Standing Committee on Personnel,
Public Grievances, Law and Justice during its examination of the
Lokpal and Lokayuktas and Other Related Law (Amendment)
Bill, 2014.
 Structure of Governance of CVC

SECTION 3 Of the CVC Act, 2003 provides for the structure of the
Commission. It is chaired by a Central Vigilance Commissioner who is
assisted by two other Vigilance Commissioners as the members. The
chairperson and the members should either have held a civil post in the
Union or a position in the government-owned or controlled corporation.
The person to be appointed should have expertise in the matters of
banking, finance, investigations and administrations. A Secretary may
be appointed by the Government if the Commission specifies the need for it
by such a regulation
 Appointment (Section 4)
• President of India appoints CVC members by warrant under his hand
and seal
• The President’s appointment comes after the recommendation by a
three-member committee:
– Prime Minister
– Minister of Home Affairs (MHA)
– Leader of Opposition in Lok Sabha
• Term of Office: Four years or if they attain 65 years of age
(whichever is earlier)
• After they retire, they are not eligible for reappointment in any central
or state government agency.
 Removal (Section 6)

President to remove the members and the chairperson of the Commission

from the office in the cases of insolvency, a conviction in an offence
involving moral turpitude, incapability in holding the post or having an
additional financial interest or employment.

Such removal is based on the grounds of misbehaviour or incapacity

proved by the Supreme Court.
The employment of the profits or benefits by the members, to their
personal interests, arising out of Government contract, of which the
members are a part of, would constitute misbehaviour.
The Central Vigilance Commission has its own Secretariat, Chief Technical
Examiners' Wing (CTE) and a wing of Commissioners for Departmental Inquiries
(CDI). For investigation work, CVC has to depend on two external sources CBI and
Chief Vigilance Officers (CVO).

The Central Vigilance Commission

•Multi-member Commission consists of a Central Vigilance Commissioner
(Chairperson) and not more than two Vigilance Commissioners (Member).
•The Central Vigilance Commissioner and the Vigilance Commissioners are
appointed by the President on the recommendations of a Committee consisting of
the Prime Minister (Chairperson), the Minister of Home Affairs (Member) and the
Leader of the Opposition in the House of the People (Member).
•The term of office of the Central Vigilance Commissioner and the Vigilance
Commissioners is four years from the date on which they enter their office or till
they attain the age of 65 years, whichever is earlier.

Secretariat
•The Secretariat consists of a Secretary, four Additional Secretaries, thirty
Directors/Deputy Secretaries (including two Officers on Special Duty), four Under
Secretaries and office staff.
 Chief Technical Examiners' Organisation (CTEO)

•The Chief Technical Examiner's Organisation constitutes the technical

wing of the Central Vigilance Commission and is manned by two
Engineers of the rank of Chief Engineers (designated as Chief
Technical Examiners) with supporting engineering staff. The main
functions assigned to this organisation are:
– Technical audit of construction works of Governmental
organisations from a vigilance angle; Investigation of specific cases
of complaints relating to construction works;
– Extension of assistance to CBI in their investigations involving
technical matters and for evaluation of properties in Delhi;
– and Tendering of advice/assistance to the Commission and Chief
Vigilance Officers in vigilance cases involving technical matters.
 Commissioners for Departmental Inquiries (CDIs)

•There are fourteen posts of Commissioners for Departmental Inquiries

(CDI) in the Commission, 11 in the rank of Director and 03 in the rank of
Deputy Secretary.
•The CDIs function as Inquiry Officers to conduct Oral inquiries in
departmental proceeding initiated against public servants.
 Investigation by CVC
• CVC has no investigation wing of its own as it depends on the CBI
and the Chief Vigilance Officers (CVO) of central organizations,
while CBI has its own investigation wing drawing its powers
from Delhi Special Police Establishment Act.

CHIEF VIGILANCE OFFICERS (CVO)

• Vigilance administration in Departments/Organisations is headed
by the Chief Vigilance Officers (CVO) and the Commission’s
activities concerning inquiry or causing inquiry are supported
by/carried out through the CVOs.
• Complaints received in the Commission are scrutinised thoroughly and
wherever specific and verifiable allegations of vigilance nature are
noticed, the complaints are forwarded to the CVO/CBI to conduct
inquiry/investigation into the matter and report to the Commission
expeditiously.
• CVOs in all Departments/organisations are appointed after prior
consultation with the Commission.
 POWERS AND FUNCTIONS OF CVC
(SECTION 8)
• They inquire or investigate whenever a public servant (Central
Government employee) commits an offence under the Prevention of
Corruption Act, 1988.
• They inquire or investigate against following officials who commit an
offence under the Prevention of Corruption Act, 1988:
• Members of all-India services serving in the Union and Group ‘A’
officers of the Central government
• The specified level of officers of the authorities of the Central
government
• They superintend the functioning of the Delhi Special Police
Establishment (CBI) in cases related to the Prevention of Corruption
Act, 1988
• They direct Delhi Special Police Establishment in investigative cases
related to the Prevention of Corruption Act, 1988
• They review the progress of investigations conducted by the Delhi
Special Police Establishment in cases related Prevention of Corruption
Act, 1988
• They review the progress of those applications that are pending with
competent authorities for sanction under the Prevention of Corruption
Act, 1988
• Central Government and its authorities are advised on matters as they
refer to CVC members
• They also superintend vigilance departments of government ministries
• They undertake or cause an inquiry into complaints received under
Whistleblower Resolution and recommend appropriate action.
• Whenever the central government makes rules and regulations governing
the vigilance and disciplinary matters relating to members of Central
Services and All-India Services, CVC is consulted.
• CVC members are part of the selection committee which is responsible to
recommend the appointment of the Director of Enforcement (ED.)
• CVC is a part of the selection committee that recommends officers for
appointments to the posts above the level of Deputy Director of
Enforcement.
• The Commission acts as an authority to receive information that is
related to suspicious transactions under the Prevention of Money
Laundering Act, 2002
• It recommends to Central Government for the appointment of Director
of Prosecution in Central Bureau of Investigation
• CVC members are part of a selection committee that is responsible to
recommend the appointment of officers to the posts of the level of SP
and above in the CBI except for the Director of CBI
• Lokpal refers complaints to CVC who initiate a preliminary inquiry in
respect of officers and officials of Groups A, B, C & D
 What are the Recent Reforms made in CVC?

In April 2021, the CVC modified the guidelines pertaining to the

transfer and posting of officials in the vigilance units of government
organisations, restricting their tenure to three years at one place.

What are the Limitations of CVC?

•CVC is often considered a powerless agency as it is treated as an

advisory body only with no power to register criminal case against
government officials or direct CBI to initiate inquiries against any officer
of the level of Joint Secretary and above.
•Although CVC is “relatively independent” in its functioning, it neither
has the resources nor the power to take action on complaints of
corruption.
 The Lokpal and Lokayuktas Act, 2013
The Act has amended some provisions of CVC Act, 2003
whereby the Commission has been empowered to conduct
preliminary inquiry into complaints referred by Lokpal in
respect of officers and officials of Group 'B', 'C' & 'D', besides:
Group 'A' officers, for which a Directorate of Inquiry for
making preliminary inquiry is to be set up in the Commission.
The preliminary inquiry reports in such matters referred by
Lokpal in respect of Group A and B officers are required to be
sent to the Lokpal by the Commission. The Commission is
also mandated to cause further investigation (after preliminary
enquiry) into such Lokpal references in respect of Group ‘C’ &
‘D’ officials and decide on further course of action against
them.
 The Whistleblowers Protection Act, 2014
The Whistleblowers Protection Act, 2014 empowers the
Commission as the competent authority: to receive complaints
relating to disclosure on any allegation of corruption or wilful
misuse of power or wilful misuse of discretion against any
public servant and to inquire or cause an inquiry into such
disclosure, and to provide adequate safeguards against
victimisation of the person making such complaint and for
matters connected therewith and incidental thereto.
CENTRAL BUREAU
OF
INVESTIGATION
WHAT IS CENTRAL BUREAU OF INVESTIGATION ?

The Central Bureau of Investigation (CBI) is India’s premier investigative

agency, established to address complex and high-profile criminal cases
with national and international implications.

It operates under the jurisdiction of the Ministry of Personnel, Public

Grievances, and Pensions, making it an autonomous yet accountable
body. Founded in 1941 as the Special Police Establishment (SPE) to
investigate corruption in war-related procurements, the agency was later
formalized under the Delhi Special Police Establishment Act, 1946, and
renamed as the CBI in 1963.
The CBI plays a pivotal role in maintaining the rule of law in India. Its
scope includes investigating crimes related to corruption, economic
offenses, organized crime, terrorism, and other significant legal matters
referred to it by the central or state governments or the judiciary. Known
for its expertise and impartiality, the agency also collaborates with Interpol
and other international bodies to combat cross-border crimes.
 Historical Background of CBI
• During the period of World War II, a Special Police Establishment
(SPE) was constituted in 1941 in the Department of War of the British
India to enquire into allegations of bribery and corruption in the war
related procurements.

• Later on it was formalized as an agency of the Government of India to

investigate into allegations of corruption in various wings of the
Government of India by enacting the Delhi Special Police
Establishment (DSPE) Act, 1946.

• The CBI is not a statutory body but derives its power to

investigate from the Delhi Special Police Establishment Act,
1946.

• The establishment of the CBI was recommended by the Santhanam

Committee on Prevention of Corruption (1962–1964).
• In 1963, the CBI was established by the Government of India with a
view to investigate serious crimes related to defence of India, corruption
in high places, serious fraud, cheating and embezzlement and social
crime, particularly of hoarding, black-marketing and profiteering in
essential commodities, having all-India and inter-state ramifications.

• With the passage of time, CBI started investigations in conventional

crimes like assassinations, kidnappings, hijackings, crimes committed
by extremists, etc.
The Central Bureau of Investigation (CBI) operates under the provisions of
the Delhi Special Police Establishment (DSPE) Act, 1946. Here are some
key provisions relating to the CBI under the DSPE Act:
1.Constitution of the CBI (SPE): The DSPE Act empowers the Central
Government to constitute a special police force called the Delhi Special
Police Establishment (SPE). The CBI is the principal investigating agency
under this establishment. (SECTION 2)

2.Director of the CBI: The Act provides for the appointment of a Director
of the Delhi Special Police Establishment (CBI). The Director is appointed
by the Central Government and is assisted by other officers and staff in the
discharge of his duties. (SECTION 4A, 4B)

3.Superintendence by Central Government: The superintendence of the

CBI is vested in the Central Government. The Central Government can
give directions to the CBI on matters of policy, and the Director is required
to comply with these directions and in matters relating to prevention of
corruption act, 1988 CBI’s superintendence is with CVC. (SECTION 4)
4. Extension of Jurisdiction: While the original jurisdiction of the CBI
is in Delhi, the Central Government can extend its powers and
jurisdiction to other areas with the consent of the government of that
area. This extension is subject to the specific offenses notified by the
Central Government. (SECTION 5)
5. Investigation of Offenses: The CBI primarily investigates offenses
notified by the Central Government. These offenses often include
cases related to corruption, bribery, economic offenses, and other
serious crimes with inter-state or international ramifications
(SECTION 3).
6. Consent of State Governments: For the CBI to investigate offenses
in a state, the consent of the government of that state is required. This
provision is in place to maintain a balance between the powers of the
Central Government and the autonomy of state governments
(SECTION 5).
7. Power to Investigate without Consent: In certain situations, the CBI
can investigate offenses in a state without the consent of the state
government. This typically occurs when the Supreme Court or the
High Court directs the CBI to take up a case.
8. Officers of the CBI: The CBI consists of officers and other staff who are
appointed by the Central Government. The officers of the CBI have the same
powers, privileges, and liabilities as officers of the police force in that state.
Reporting to Central Government: The Director of the CBI is required to
submit a report to the Central Government on the progress of investigations.
The Central Government can issue such directions as it may consider
necessary for the efficient functioning of the CBI.
• These provisions collectively establish the legal framework under which the
CBI operates as a specialized investigating agency in India. The CBI's role is
critical in handling cases of national importance, corruption, and other
complex offenses.
• Approval of Central Government to conduct, inquiry or investigation.— (1)
The Delhi Special Police Establishment shall not conduct any inquiry or
investigation into any offence alleged to have been committed under the
Prevention of Corruption Act, 1988 (49 of 1988) except with the previous
approval of the Central Government where such allegation relates to—
(a) the employees of the Central Government of the level of Joint Secretary and
above; and
(b) such officers as are appointed by the Central Government in corporations
established by or under any Central Act, Government companies, societies
and local authorities owned or controlled by that Government (SECTION
6A).
 What Type of Cases are Handled by the CBI?

• Anti-Corruption Crimes - for investigation of cases under the

Prevention of Corruption Act against Public officials and the employees
of Central Government, Public Sector Undertakings, Corporations or
Bodies owned or controlled by the Government of India.

• Economic Crimes - for investigation of major financial scams and

serious economic frauds, including crimes relating to Fake Indian
Currency Notes, Bank Frauds and Cyber Crime, bank frauds, Import
Export & Foreign Exchange violations, large-scale smuggling of
narcotics, antiques, cultural property and smuggling of other contraband
items etc.

• Special Crimes - for investigation of serious and organized crime under

the Indian Penal Code and other laws on the requests of State
Governments or on the orders of the Supreme Court and High Courts -
such as cases of terrorism, bomb blasts, kidnapping for ransom and
crimes committed by the mafia/the underworld.
• Suo Moto Cases - CBI can suo-moto take up investigation of offences
only in the Union Territories.

• The Central Government can authorize CBI to investigate a crime in

a State but only with the consent of the concerned State
Government.

• The Supreme Court and High Courts, however, can order CBI to
investigate a crime anywhere in the country without the consent of
the State.
 Functions and Responsibilities of the
Central Bureau of Investigation (CBI)
• Investigating cases of corruption, bribery and misconduct of Central
government employees.
• Investigating cases relating to infringement of fiscal and economic
laws.
• However, such cases are taken up either in consultation with or at the
request of the department concerned.
• Investigating serious crimes, having national and international
ramifications, committed by organised gangs of professional criminals.
• Coordinating the activities of the anti-corruption agencies and the
various state police forces
• Taking up, on the request of a state government, any case of public
importance for investigation.
• Maintaining crime statistics and disseminating criminal information.
• It takes up investigation of conventional crimes like murder,
kidnapping, rape etc., on reference from the state governments or when
directed by the Supreme Court/High Courts.
 Divisions within the
Central Bureau of Investigation (CBI)
1. Anti-Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Directorate of Prosecution
5. Administration Division
6. Policy & Coordination Division
7. Central Forensic Science Laboratory
 Evolution of CBI Leadership: Appointment
Process under Lokpal and Lokayuktas Act (2013)

• The Lokpal and Lokayuktas Act (2013) amended the Delhi Special
Police Establishment Act (1946) and made the following changes with
respect to the composition of the CBI:
• The Central Government shall appoint the Director of Central Bureau
of Investigation on the recommendation of a three-member committee
consisting of the
• Prime Minister as Chairperson,
• The Leader of Opposition in the Lok Sabha
• The Chief Justice of India or Judge of the Supreme Court nominated
by him.
• There shall be a Directorate of Prosecution headed by a Director for
conducting the prosecution of cases under the Lokpal and Lokayuktas
Act, 2013.
• The Director of Prosecution shall be an officer not below the rank
of Joint Secretary to the GoI.
• He shall function under the overall supervision and control of the
Director of CBI.
• He shall be appointed by the Central Government on the
recommendation of the Central Vigilance Commission.
• He shall hold office for a period of two years.

• The Central Government shall appoint officers of the rank of SP and

above in the CBI on the recommendation of a committee consisting of –
• Central Vigilance Commissioner as Chairperson,
• The Vigilance Commissioners,
• The Secretary of the Home Ministry
• the Secretary of the Department of Personnel.
• In 2014, the Lokpal Act provided a committee for
appointment of CBI Director:
• Headed by Prime Minister.
• Other members: Leader of Opposition/ Leader of the
single largest opposition party, Chief Justice of India/ a
Supreme Court Judge.
• The Home Ministry sends a list of eligible candidates to
DoPT.
• The DoPT prepares the final list on the basis of
seniority, integrity, and experience in the investigation
of anti-corruption cases, and sends it to the committee.
 What Challenges are Faced by the CBI?
• Political Interference: The Supreme Court of India has criticised the
CBI by calling it a "caged parrot speaking in its master's voice", due
to excessive political interference in its functioning.

• It has often been used by the government of the day to cover up

wrongdoing, keep coalition allies in line and political opponents at
bay.

• Delayed Investigations: It has been accused of enormous delays in

concluding investigations - For example, the inertia in its probe against
the high dignitaries in Jain hawala diaries case [of the 1990s].

• Loss of Credibility: Improving the image of the agency is one of the

biggest challenges till now as the agency has been criticised for its
mismanagement of several cases involving prominent politicians and
mishandling of several sensitive cases like Bofors scandal, Hawala
scandal, Sant Singh Chatwal case, Bhopal gas tragedy, 2008 Noida
double murder case(Aarushi Talwar).
• Lack of Accountability: CBI is exempted from the provisions of the
Right to Information Act, thus, lacking public accountability.

• Acute shortage of personnel: A major cause of the shortfall is the

government's sheer mismanagement of CBI's workforce, through a
system of inefficient, and inexplicably biased, recruitment policies -
used to bring in favoured officers, possibly to the detriment of the
organisation.

• Limited Powers: The powers and jurisdiction of members of the CBI

for investigation are subject to the consent of the State Govt., thus
limiting the extent of investigation by CBI.

• Restricted Access: Prior approval of Central Government to conduct

inquiry or investigation on the employees of the Central Government, of
the level of Joint Secretary and above is a big obstacle in combating
corruption at higher levels of bureaucracy.
 CRIMINAL
INVESTIGATION
DEPARTMENT (CID)
CID, which stands for Criminal Investigation Department, is a
specialized wing within the police force in many countries,
including India. The statutory basis for the CID in India, for
example, is derived from state police acts and the criminal
procedure code. Here’s a general overview:

1.State Police Acts: In India, each state and union territory has
its own State Police Act, which provides the legal framework
for the organization, powers, and functions of the police force
within that state or union territory. These acts typically specify
the establishment of various branches within the police force,
including specialized units like the Criminal Investigation
Department (CID). The CID operates as an integral part of the
state police.
• In India, for example, the Criminal Investigation
Department operates under the police force of each state.
The statutory basis for the CID in India is typically derived
from state police acts and regulations. Each state has its
own police act that outlines the powers, functions, and
responsibilities of the police force, including specialized
units like the CID.
• For instance, the Criminal Investigation Department in
Maharashtra, India, operates under the Maharashtra Police
Act, which provides legal authority for the existence and
functioning of the CID. Similar statutory provisions can be
found in the police acts of other states in India.
2. Criminal Procedure Code (CrPC): The Criminal Procedure Code is
a comprehensive legislation in India that outlines the procedures for
the investigation and trial of criminal cases. It provides powers to the
police for the detection and prevention of crime. The CID, as part of
the police force, functions under the provisions of the CrPC when
conducting investigations.

3. Special Laws: Apart from the general police acts and the CrPC, there
may be special laws that empower the CID to investigate specific types
of crimes. For example, in certain states, CID may be involved in
investigating complex and specialized crimes such as economic
offenses, cybercrime, or organized crime.

4. State Government Notifications: The formation and structure of the

CID may also be specified through notifications issued by the state
government. These notifications can outline the specific roles,
responsibilities, and jurisdictions of the CID within the state.
 Functions of CID
The role of Criminal Investigation Department (CID) in corruption cases
involves a range of functions aimed at investigating, preventing, and
combating corruption. Here are key functions that CID typically performs in
corruption cases:
1.Initial Complaint Handling: CID often receives complaints related to
corruption from various sources, including whistleblowers, concerned
citizens, or other law enforcement agencies. CID personnel are responsible
for assessing the credibility and seriousness of these complaints.
2.Preliminary Inquiry: CID may conduct a preliminary inquiry to determine
whether there is sufficient evidence to warrant a full-fledged investigation.
This may involve gathering initial information, assessing the nature and
extent of the alleged corruption, and identifying potential witnesses.
3.Formal Investigation: If the preliminary inquiry indicates the presence of
substantial evidence, CID initiates a formal investigation. This involves
collecting detailed evidence, conducting interviews, examining financial
records, and employing various investigative techniques to build a strong
case.
4. Surveillance and Undercover Operations: CID units may use
surveillance and undercover operations to gather evidence discreetly.
This could involve monitoring the activities of suspected individuals,
conducting sting operations, or using informants to expose corrupt
practices.
5. Forensic Analysis: In corruption cases, CID often employs forensic
experts to analyze financial transactions, examine electronic records,
and trace the flow of funds. Forensic analysis helps establish a clear
picture of the corrupt activities and supports the legal case.
6. Interviews and Interrogations: CID investigators are trained in
conducting interviews and interrogations to extract information from
witnesses, suspects, and others involved in the alleged corruption.
Skilled questioning helps uncover the truth and gather evidence.
7. Asset Tracing and Forfeiture: CID may work on tracing and freezing
assets acquired through corrupt means. Asset forfeiture proceedings
may be initiated to recover ill-gotten gains, and CID plays a crucial
role in these efforts.
8. Legal Coordination: CID collaborates with legal authorities,
including prosecutors and other legal professionals, to ensure that the
evidence gathered is admissible in court. CID personnel may assist in
preparing legal documents and providing expert testimony during
trials.
9. Whistleblower Protection: CID is often involved in protecting
whistleblowers who come forward with information about corruption.
Ensuring the safety and confidentiality of whistleblowers encourages
the reporting of corrupt practices.
10. International Collaboration: In cases involving cross-border
corruption, CID may collaborate with international law enforcement
agencies. This collaboration is essential for addressing global aspects
of corruption and pursuing suspects who may be located in different
jurisdictions.
11. Preventive Measures: CID units may also be involved in developing
and implementing preventive measures to reduce the occurrence of
corruption. This can include training programs, awareness campaigns,
and initiatives to promote ethical conduct within organizations.
Differences between CBI and CID
 RIGHT
TO
INFORMATION
 What is RTI?
The Right to Information (RTI) Act is an important legislation that
empowers citizens in India to seek information from public authorities. The
Act is designed to promote transparency and accountability in government
functioning. Here's an overview of the RTI Act in India:

•Background:
The Right to Information Act, 2005 came into effect on October 12, 2005.
It replaces the Freedom of Information Act, 2002. The primary objective of
the RTI Act is to provide a mechanism for citizens to access information
held by public authorities.
• Key Features:
1. Applicability: The RTI Act is applicable to all states and Union
Territories of India. It covers all three branches of government: the
executive, the legislature, and the judiciary.
2. Public Authorities Covered: The Act applies to public authorities,
which include government departments, ministries, local bodies, and
any institution or body funded, controlled, or substantially financed
directly or indirectly by the government.
3. Information Covered: The Act allows citizens to request information
relating to the functioning of government, decisions, policies, and other
matters of public interest. However, certain information, such as those
related to national security, personal privacy, and trade secrets, may be
exempt.
4. Requesting Information: Citizens can file an application for
information in writing or through electronic means to the Public
Information Officer (PIO) of the concerned public authority. The
application must specify the information sought and be accompanied by
the prescribed fee.
Timeframe for Response: The public authority must respond to the RTI
application within 30 days. If the information concerns the life or liberty of
a person, the response must be provided within 48 hours.

1.Appeals: If the applicant is not satisfied with the response or if there is

no response within the stipulated time, they can file an appeal with the First
Appellate Authority within the same public authority. If still dissatisfied,
they can appeal to the Information Commission.
2.Information Commissions: Each state and the central government have
their own Information Commissions. These Commissions adjudicate on
RTI appeals, hear complaints, and impose penalties for non-compliance.
3.Penalties for Non-Compliance: The Act provides for penalties against
officials who withhold information without reasonable cause or provide
false information. The penalties can include fines and disciplinary action.
4.Exemptions: Certain categories of information are exempt from
disclosure, including information that may compromise national security,
information that could harm foreign relations, and personal information
that could invade privacy.
• Impact:
The RTI Act has had a significant impact on transparency and
accountability in India. It has empowered citizens to
actively participate in governance by providing them access
to information. The Act has been instrumental in
uncovering corruption, promoting good governance, and
enhancing public awareness.
 IMPORTANT PROVISIONS UNDER THE
RIGHT TO INFORMATION ACT, 2005
• Section 2(h): Public authorities mean all authorities and bodies under
the union government, state government or local bodies. The civil
societies that are substantially funded, directly or indirectly, by the
public funds also fall within the ambit of RTI.
• Section 4 1(b): Government has to maintain and proactively disclose
information.
• Section 6: Prescribes a simple procedure for securing information.
• Section 7: Prescribes a time frame for providing information(s) by
PIOs.
• Section 8: Only minimum information exempted from disclosure.
• Section 8 (1) mentions exemptions against furnishing information
under the RTI Act.
• Section 8 (2) provides for disclosure of information exempted under the
Official Secrets Act, 1923 if the larger public interest is served.
• Section 19: Two-tier mechanism for appeal.
• Section 20: Provides penalties in case of failure to provide
information on time, incorrect, incomplete or misleading or
distorted information.
• Section 23: Lower courts are barred from entertaining suits
or applications. However, the writ jurisdiction of
the Supreme Court of India and high courts under Articles
32 and 226 of the Constitution remains unaffected.
 RTI: CORRUPTION
The Right to Information (RTI) Act in India plays a crucial role in
combating corruption by providing citizens with the means to access
information held by public authorities. While the RTI Act itself does not
directly address corruption, it empowers citizens to seek information that
can expose corrupt practices, promote transparency, and hold public
authorities accountable. Here are some provisions and aspects of the RTI
Act that contribute to combating corruption:
1.Access to Information: The RTI Act grants citizens the right to request
information from public authorities. This includes information related to
government decisions, policies, and actions. Citizens can use this provision
to seek details about government activities, contracts, expenditures, and
any other information relevant to identifying corruption.
2.Disclosure of Information: Public authorities are required to proactively
disclose certain categories of information to the public. This includes
information about their functions, decision-making processes, and other
details that can help prevent corruption and enhance accountability.
3. Exposing Irregularities: Citizens can use the RTI Act to obtain
information that may reveal irregularities, misuse of funds, or
instances of corruption within public authorities. This information can
be instrumental in exposing corrupt practices and initiating corrective
actions.
4. Whistleblower Protection: The RTI Act, in conjunction with other
legislation, provides protection to whistleblowers who expose
corruption. Citizens using the RTI Act to uncover corrupt activities
may receive legal protection against victimization.

• The RTI amendment Bill 2013 removes political parties from the ambit of the
definition of public authorities and hence from the purview of the RTI Act.
• The draft provision 2017 which provides for closure of case in case of death of
applicant can lead to more attacks on the lives of whistleblowers.
• The proposed RTI Amendment Act 2018 is aimed at giving the Centre the
power to fix the tenures and salaries of state and central information
commissioners, which are statutorily protected under the RTI Act. The move
will dilute the autonomy and independence of CIC.
• The Act proposes to replace the fixed 5-year tenure with as much prescribed
by the government.
 CRITICISM OF RTI ACT
• One of the major set-back to the act is that poor record-
keeping within the bureaucracy results in missing files.
• There is a lack of staffing to run the information
commissions.
• The supplementary laws like the Whistle Blower’s Act are
diluted, this reduces the effect of RTI law.
• Since the government does not proactively publish
information in the public domain as envisaged in the act and
this leads to an increase in the number of RTI applications.
• There have been reports of frivolous RTI applications and
also the information obtained have been used to blackmail
the government authorities.
 RIGHT TO INFORMATION ACT VS LEGISLATIONS
FOR NON DISCLOSURE OF INFORMATION
• Some provisions of the Indian Evidence Act (Sections 123, 124, and
162) provide to hold the disclosure of documents.
• Under these provisions, head of department may refuse to provide
information on affairs of state and only swearing that it is a state
secret will entitle not to disclose the information.
• In a similar manner no public officer shall be compelled to disclose
communications made to him in official confidence.
• The Atomic Energy Act, 1912 provides that it shall be an offence to
disclose information restricted by the Central Government.
• The Central Civil Services Act provides a government servant not to
communicate or part with any official documents except in accordance
with a general or special order of government.
• The Official Secrets Act, 1923 provides that any government official
can mark a document as confidential so as to prevent its publication.
 LOKPAL
AND
LOKAYUKTA
 Why do We need such Institutions?
• Maladministration is like a termite which slowly erodes the foundation
of a nation and hinders administration from completing its task.
Corruption is the root cause of this problem.

• Most of the anti-corruption agencies are hardly independent. Even

Supreme Court has been termed CBI as a “caged parrot” and “its
master’s voice”.

• Many of these agencies are advisory bodies without any effective powers
and their advice is rarely followed.

• There is also the problem of internal transparency and accountability.

Moreover, there is not any separate and effective mechanism to put
checks on these agencies.

• In this context, an independent institution of Lokpal has been a landmark

move in the history of Indian polity which offered a solution to the
never-ending menace of corruption.
 BACKGROUND OF THE LOKPAL AND
LOKAYUKTA ACT, 2013

• In 1809, the institution of ombudsman was inaugurated officially in

Sweden.
• In the 20th century, Ombudsman as an institution developed and grew
most significantly after the Second World War.
• New Zealand and Norway adopted this system in the year
1962 and it proved to be of great significance in spreading the
concept of the ombudsman.
• The word ‘Lokpal’ was first used by a member of parliament in India,
Laxmi Mall Singhvi in 1963 during a debate on grievance redressal
mechanisms. Administrative Reforms Commissions under Morarji Desai
submitted a report which recommended the creation of two special
authorities: Lokayukta and Lokpal for the purpose of redressing citizen
grievances.
• Maharashtra was the first state to introduce Lokayukta
through The Maharashtra Lokayukta and Upa-Lokayuktas
Act in 1971. Presently, there are no Lokayuktas in the states
of Andhra Pradesh, Arunachal Pradesh, Jammu and
Kashmir, Manipur, Meghalaya, Mizoram, Nagaland,
Sikkim, Tamil Nadu, Tripura.
• The Lokpal Bill was first introduced in the Lok Sabha in
1968. The version enacted in 2013 was from a draft
prepared in 2010. The bill is an implementation of the
Prevention of Corruption Act, 1988.
• The bill was passed following the backdrop of huge anti-
corruption protests led by Anna Hazare that shook the
nation.
 SAILENT FEATURES OF LOKPAL AND
LOKAYUKTA ACT
• The salient features of the Lokpal and Lokayukta Act (2013) are as follows:
• It seeks to establish the institution of Lokpal at the centre and Lokayuktas at
the state level and thus provide an anti-corruption roadmap for the nations at
the Centre and at the States. The jurisdiction of lokpal includes the Prime
Ministers, Ministers, Members of Parliament and Groups A, B,C and D
officers and officials of the Central Government
• The Lokpal Consists of a chairperson with a maximum of 8 members of
which 50% shall be judicial members.
• About 50 % of members of the Lokpal shall come from amongst the SCs, the
STs, the OBCs, minorities and women.
• The selection of the Chairperson and the members of Lokpal shall be through
a Selection Committee consisting of the Prime Minister, the Speaker of the
Lok Sabha, the Leader of the Opposition, the Chief Justice of India or a
sitting Supreme Court Judge nominated by the Chief Justice of India and an
eminent person nominated by the President of India.
• A Search Committee will assist the Selection Committee in the process
of selection. 50% of the members of the Search Committee shall also be
from amongst the SCs, the STs, the OBCs, minorities and women
• The Prime Minister has been brought under the purview of the Lokpal
with subject matter exclusions and specific process for handling
complaints against him/her
• Lokpal’s jurisdiction will cover all categories of public servants
including Group A, Group B, Group C and Group D officers and
employees of the government
• The Lokpal will have the power of superintendence and direction over
any investigative agency including the CBI for cases referred to by the
Lokpal.
• A High-Powered Committee chaired by the Prime Minister will
recommend the selection of the Director of the CBI.
• It lays down clear timelines. For preliminary enquiry, it is three months
extendable by three months. For investigation, it is six months which
may be extended by six months at a time. For trial it is one year
extendable by one year and to achieve this, special courts are to be set
up.
• It enhances maximum punishment under the Prevention of
Corruption Act from 7 to 10 years. The minimum
punishment under sections 7,8,9 and 12 of the Act will now
be three years and the minimum punishment under section
15 (punishment for attempt) will now be two years.
• Institutions that are financed fully or partly by the
Government are under the jurisdiction of the Lokpal, but
institutions aided by the governments are excluded
• All Entities receiving donations from a foreign source
within the context of the Foreign Contribution Regulation
Act in excess of Rs 10 Lakhs per year are brought under the
jurisdiction of Lokpal
• It contains a mandate for setting up of the institutions of
Lokayukta through enactment of law by the State
Legislature within a period of 365 days from the date of
commencement of this Act.
 Structure of Lokpal
• Lokpal is a multi-member body, that consists of one chairperson and a
maximum of 8 members.

• Chairperson of the Lokpal should be either the former Chief Justice of

India or the former Judge of Supreme Court or an eminent person with
impeccable integrity and outstanding ability, having special knowledge
and expertise of minimum 25 years in the matters relating to anti-
corruption policy, public administration, vigilance, finance including
insurance and banking, law and management.

• Out of the maximum eight members, half will be judicial members and
minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities
and women.

• The judicial member of the Lokpal either a former Judge of the Supreme
Court or a former Chief Justice of a High Court.
• The non-judicial member should be an eminent person with impeccable
integrity and outstanding ability, having special knowledge and
expertise of minimum 25 years in the matters relating to anti-corruption
policy, public administration, vigilance, finance including insurance and
banking, law and management.

• The term of office for Lokpal Chairman and Members is 5 years or

till the age of 70 years.

• The members are appointed by the president on the recommendation

of a Selection Committee.

• The selection committee is composed of the Prime Minister who is the

Chairperson, Speaker of Lok Sabha, Leader of Opposition in Lok
Sabha, Chief Justice of India or a Judge nominated by him/her and One
eminent jurist.

• For selecting the chairperson and the members, the selection committee
constitutes a search panel of at least eight persons.
 Jurisdiction of Lokpal and its Powers
• Jurisdiction of Lokpal includes Prime Minister, Ministers, members
of Parliament, Groups A, B, C and D officers and officials of Central
Government.

• Jurisdiction of the Lokpal included the Prime Minister except on

allegations of corruption relating to international relations, security, the
public order, atomic energy and space.

• The Lokpal does not have jurisdiction over Ministers and MPs in the
matter of anything said in Parliament or a vote given there.

• Its jurisdiction also includes any person who is or has been in charge
(director/ manager/ secretary) of anybody/ society set up by central act or
any other body financed/ controlled by central government and any other
person involved in act of abetting, bribe giving or bribe taking.

• The Lokpal Act mandates that all public officials should furnish the
assets and liabilities of themselves as well as their respective dependents.
• It has the powers to superintendence over, and to give direction to
CBI.

• If Lokpal has referred a case to CBI, the investigating officer in

such case cannot be transferred without the approval of Lokpal.

• The Inquiry Wing of the Lokpal has been vested with the powers of a
civil court.

• Lokpal has powers of confiscation of assets, proceeds,

receipts and benefits arisen or procured by means of corruption in
special circumstances.

• Lokpal has the power to recommend transfer or suspension of public

servant connected with allegation of corruption.

• Lokpal has the power to give directions to prevent the destruction of

records during the preliminary inquiry.
 Drawbacks of the Lokpal and Lokayukta
Act 2013
• he following are the drawbacks of the Lokpal and Lokayukta Act 2013:
• Lokpal cannot suo motu proceed against any public servant
• Emphasis on form of complaint rather than substance
• Heavy punishment for false and frivolous complaints against public
servants may deter complaints being filed to the Lokpal
• Anonymous complaints not allowed – Can’t just make a complaint on
plain paper and drop it in a box with supporting documents
• Legal assistance to public servant against whom complaint is filed
• Limitation period of 7 years to file complaints
• Very non-transparent procedures for dealing with complaints against the
PM
 Brief Overview about Lokayuktas
• Even much before the enactment of the Lokpal and Lokayukta Act
(2013) itself, many states had already set up the institution of lokayuktas.
• It must be noted that the institution of Lokayukta was first established in
Maharashtra in 1971.
• Although Odisha had passed an Act in this regard in 1970, it came into
force only in 1983.
• Till date 20 states and 2 Union Territories (Delhi, Jammu and Kashmir)
have established Lokayukta.