17. Persons authorised to investigate.—Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,—
(a) in the case of the Delhi Special Police Establishment, of an Inspector of Police;
(b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other
metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal
Procedure, 1973 (2 of 1974), of an Assistant Commissioner of Police;
(c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank,
shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or
a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant:
1. Subs. by Act 16 of 2018, s. 7, for sub-section (1) (w.e.f. 26-7-2018).
2. Subs. by Act 1 of 2014, s. 58 and the Sch., for “one year” (w.e.f. 16-1-2014).
3. Subs. by s. 58 and the Sch., ibid., for “seven years” (w.e.f. 16-1-2014).
4. Subs. by Act 16 of 2018, s. 8, for section 14 (w.e.f. 26-7-2018).
5. Subs. by s. 9, ibid., for “clause (c) or clause (d)” (w.e.f. 26-7-2018).
6. Subs. by Act 1 of 2014, s. 58 and the Sch., for “which may extend to three years” (w.e.f. 16-1-2014).
7. Subs. by Act 16 of 2018, s. 10, for “sub-section (2) of section 13 or section 14”(w.e.f. 26-7-2018).
8. Subs. by s. 10, ibid., for “clause (e)” (w.e.f. 26-7-2018).
10
Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State
Government in this behalf by general or special order, he may also investigate any such offence without
the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest
therefor without a warrant:
Provided further that an offence referred to in 1
[clause (b) of sub-section (1)] of section 13 shall not
be investigated without the order of a police officer not below the rank of a Superintendent of Police.
2
[17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or
decision taken by public servant in discharge of official functions or duties.—No police officer shall
conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a
public servant under this Act, where the alleged offence is relatable to any recommendation made or
decision taken by such public servant in discharge of his official functions or duties, without the previous
approval—
(a) in the case of a person who is or was employed, at the time when the offence was alleged to
have been committed, in connection with the affairs of the Union, of that Government;
(b) in the case of a person who is or was employed, at the time when the offence was alleged to
have been committed, in connection with the affairs of a State, of that Government;
(c) in the case of any other person, of the authority competent to remove him from his office, at
the time when the offence was alleged to have been committed:
Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on
the charge of accepting or attempting to accept any undue advantage for himself or for any other person:
Provided further that the concerned authority shall convey its decision under this section within a
period of three months, which may, for reasons to be recorded in writing by such authority, be extended
by a further period of one month.]
STATE AMENDMENT
Union Territory of Jammu and Kashmir and Union Territory of Ladakh
Insertion of section 17B.—After section 17A, insert the following section, namely:—
17B. Establishment of Anti-Corruption Bureau for the Union territory of Jammu and
Kashmir.—(1) Notwithstanding anything contained in this Act, the Government of Union territory of
Jammu and Kashmir shall, by notification in the Official Gazette, establish a Bureau for investigation of
offences under this Act under the name of ‘Anti-Corruption Bureau’.
(2) The Bureau shall consist of the Director and such other officers and staff subordinate to him as the
Government of Union territory of Jammu and Kashmir may from time to time think fit to appoint.
(3) The qualification of officers (other than the Director) shall be such as may be prescribed by the
Government of Union territory of Jammu and Kashmir:
Provided that till qualification of officers (other than the Director) is prescribed by the Government of
Union Territory of Jammu and Kashmir, the rules notified by the Government in this regard under the
Prevention of Corruption Act, Samvat, 2006 (now repealed) shall continue to govern the qualification of
such officers.
(4) The Director and the officers and staff subordinate to him shall hold office for such term and on
such conditions as the Government of Union Territory of Jammu and Kashmir may from time to time
determine.
Explanation:—The Anti-Corruption Bureau established under the Prevention of Corruption Act,
Samvat, 2006 (now repealed) shall deemed to be Anti-Corruption Bureau established under the provisions
1. Subs. by Act 16 of 2018, s. 11, for “clause (e) of sub-section (1)” (w.e.f. 26-7-2018).
2. Ins. by s. 12, ibid. (w.e.f. 26-7-2018).
11
of this Act, as if the same has been established under the provisions of this Act and any reference to the
Anti-Corruption Bureau in any law, order, notification or rules in force in the Union Territory of Jammu
and Kashmir shall be construed to mean the Anti-Corruption Bureau established under the provisions of
this Act.
Insertion of section 17C to 17G.—After section 17A, insert the following sections, namely:—
17C. Powers of attachment of property.—(1) If an officer (not below the rank of Deputy
Superintendent of Police) of the Anti-Corruption Bureau, investigating an offence committed under this
Act, has reason to believe that any property in relation to which an investigation is being conducted has
been acquired by resorting to such acts of omission and commission which constitute an offence of
‘criminal misconduct’ as defined under section 5, he shall, with the prior approval in writing of the
Director of the Anti-Corruption Bureau, make an order seizing such property and, where it is not
practicable to seize such property, make an order of attachment directing that such property shall not be
transferred or otherwise dealt with, except with the prior permission of the officer making such order or of
the Designated Authority to be notified by the Government of Union territory of Jammu and Kashmir
before whom the properties seized or attached are produced and a copy of such order shall be served on
the person concerned:
Provided that the Investigating Officer may, at any stage of investigation after registration of F.I.R. in
respect of any case under the Act where he has reason to believe that such property is likely to be
transferred or otherwise dealt with to defeat the prosecution of the case direct that such property shall not
be transferred or dealt with for such period, not exceeding ninety days, as may be specified in the order
except with the prior approval of the Designated Authority.
Explanation.—For the purposes of this section, “attachment” shall include temporarily assuming the
custody, possession and/or control of such property].
(2) The Investigating officer shall inform the Designated Authority, within forty eight hours, of the
seizure or attachment of such property together with a report of the circumstances occasioning the seizure
or attachment of such property, as the case may be.
(3) It shall be open to the Designated Authority before whom the seized or attached properties are
produced either to confirm or revoke the order of seizure or attachment so issued within [thirty days]:
Provided that an opportunity of being heard shall be afforded to the Investigating Officer and the
person whose property is being attached or seized before making any order under this sub-section:
Provided further that till disposal of the case the Designated Authority shall ensure the safety and
protection of such property.
(4) In the case of immovable property attached by the Investigating Officer, it shall be deemed to
have been produced before the Designated Authority, when the Investigating Officer notifies his report
and places it at the disposal of the Designated Authority.
(5) Any person aggrieved by an order under the proviso to sub-section (1) may apply to the
Designated Authority for grant of permission to transfer or otherwise deal with such property.
(6) The Designated Authority may either grant, or refuse to grant, the permission to the applicant.
(7) The Designated Authority, acting under the provisions of this Act, shall have all the powers of a
civil court required for making a full and fair enquiry into the matter before it.
17D. Appeal against the order of Designated Authority.―(1) Any person aggrieved by an order
made by the Designated Authority under sub-section (3) or sub-section (5) of section 17C may prefer an
appeal, within one month from the date of receipt of the order, to the Special Judge and the Special Court
may either confirm the order of attachment of property or seizure so made or revoke such order and
release the property or pass such order as it may deem just and proper within a period of sixty days.
12
(2) Where any property is seized or attached under section 17C and the Special Court is satisfied
about such seizure or attachment, it may order forfeiture of such property, whether or not the person from
whose possession it is seized or attached is prosecuted in the Special Court for an offence under this Act.
(3) It shall be competent for the Special Court to make an order in respect of property seized or
attached,―
(a) directing it to be sold if it is a perishable property and the provisions of section 459 of the
Code of Criminal Procedure, 1973 (2 of 1974) shall, as nearly as may be practicable, apply to the net
proceeds of such sale;
(b) nominating any officer of the Government, in the case of any other property, to perform the
function of the Administrator of such property subject to such conditions as may be specified by the
Special Court.
17E. Issue of show-cause notice before forfeiture of the property.—No order under sub-section (2)
of section 17D shall be made by the Special Court—
(a) unless the person holding or in possession of such property is given a notice in writing
informing him of the grounds on which it is proposed to forfeit such property and such person is
given an opportunity of making a representation in writing within such reasonable time as may be
specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of
being heard in the matter;
(b) if the person holding or in possession of such property establishes that he is a bona fide
transferee of such property for value without knowing that such property has been so acquired.
17F. Appeal.—(1) Any person aggrieved by order of the Special Court under section 17D may within
one month from the date of the receipt of such order, appeal to the High Court of Jammu and Kashmir.
(2) Where any order under section 17D is modified or annulled by the High Court or where in a
prosecution instituted for the contravention of the provisions of this Act, the person against whom an
order of the special court has been made is acquitted, such property shall be returned to him and in either
case if it is not possible for any reason to return the forfeited property, such person shall be paid the price
therefor as if the property had been sold to the Government with reasonable interest calculated from the
date of seizure of the property and such price shall be determined in the manner prescribed.
17G. Order of forfeiture not to interfere with other punishments.—The order of forfeiture made
under this Act by the Special Court, shall not prevent the infliction of any other punishment to which the
person affected thereby is liable under this Act.]
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020).]
18. Power to inspect bankers’ books.—If from information received or otherwise, a police officer
has reason to suspect the commission of an offence which he is empowered to investigate under section
17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to
inspect any bankers’ books, then, notwithstanding anything contained in any law for the time being in
force, he may inspect any bankers’ books in so far as they relate to the accounts of the persons suspected
to have committed that offence or of any other person suspected to be holding money on behalf of such
person, and take or cause to be taken certified copies of the relevant entries therefrom, and the bank
concerned shall be bound to assist the police officer in the exercise of his powers under this section:
Provided that no power under this section in relation to the accounts of any person shall be exercised
by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this
behalf by a police officer of or above the rank of a Superintendent of Police.
Explanation.—In this section, the expressions “bank” and “bankers’ books” shall have the meanings
respectively assigned to them in the Bankers’ Books Evidence Act, 1891 (18 of 1891).