Central Prevention of Corruption Act comes into effect in J&K
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.
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.
noted that Special judge has to be Sessions Judge or Additional Sessions Judge
or Assistant Sessions Judge under the Code of Criminal Procedure.