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Centre's Prevention of Corruption Act for stringent punishment
12/19/2019 10:19:33 PM
Ishtiyaq Ahmad
Early Times Report
SRINAGAR, Dec 19: Fight against corruption may receive impetus as recently implemented Centre's Prevention of Corruption Act in Jammu and Kashmir has stringent provisions to combat corruption.
Anti-graft bodies were working under Jammu and Kashmir Prevention of Corruption Act, 2006, which has been replaced by Centre's Prevention of Corruption Act.
There are certain provisions under this newly implemented Act which empowers anti-graft bodies to fight with corruption in the new Union Territory.
"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," Centre's prevention of Act reads.
Under this Act, abetment by public servant of offences shall be punishable with imprisonment not less than six months but which may extend to five years and 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.
While under Jammu and Kashmir Prevention of Corruption Act, 2006, the maximum punishment in most of offences was five years.
The Centre's law also prescribes conclusion of trail within a period of two years while JK's Prevention of Corruption Act had no time-frame for conclusion of trial in the corruption cases.
A deputy superintendent of police or an officer of equivalent rank shall investigate any offence punishable under this Act without the order of a magistrate or make any arrest.
The offences punishable under this Act can be tried by special judges only.
"When trying any case, the special judge is empowered to try any offence other than an offence punishable under this Act. It recommends that the special judge should hold the trial daily," an official of Law Department said.
"Special judge has to be a session judge or an additional session judge or assistant session judge under the Code of Criminal Procedure," the official added.
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