Srinagar, Dec 5: War against corruption has got a lethal edge after Central Prevention of Corruption Act came into effect in Jammu and Kashmir.
Under the Central Act, an officer of the rank of deputy superintendent of police or any equivalent rank can make the arrest and investigate any offence punishable without the order of a magistrate. Offences punishable under this Act can be tried by Special Judges only.
“In order to influence public servant, by corrupt or illegal means, shall be punishable with imprisonment for a term which shall be not less than three year but may extend to seven years and shall also be liable to fine,” reads Central Act.
Under this Act, abetment by public servant in different offences shall be punishable with imprisonment not less than six months, which may be extended up to five years. Besides, he or she shall also be liable to fine.
“Any public servant, who commits criminal misconduct, shall be punishable with imprisonment not less than one year but which may extend to seven years and shall also be liable to fine,” the Act reads.
Under Jammu and Kashmir Prevention of Corruption Act, 2006, maximum punishment in most of the offences was five years. Centre’s law prescribes conclusion of trail within a period of two years while J&K’s Prevention of Corruption Act had no time-frame for conclusion of trial in the corruption cases.
“When trying any case, Special Judge is empowered to try any offence punishable under this Act. It recommends that the Special Judge should hold the trial daily,” an official of Law Department said.
The official noted that Special judge has to be Sessions Judge or Additional Sessions Judge or Assistant Sessions Judge under the Code of Criminal Procedure.