Anti-Corruption Law in Bangladesh- In a Nutshell

Anti-Corruption Commission Act, 2004 and Anti-Corruption Commission Rules, 2007

ACC Rules, 2007 was lastly amended on 20th June, 2019

Formation and appointment of Commissioners 

• Anti-Corruption Commission (ACC) is constituted under section 3 of the Act

• The ACC is described as Independent and Impartial

• The ACC consists of 3 commissioners and one of them is appointed as the Chairman by the President. The tenure is 5 years

• The qualifications and disqualifications are given in section 8

• There is a requirement to form a Selection Committee under section 7

Functions of ACC 

• Section 17 of the ACC Act, 2004

• To hold inquiry into any allegation of offences specified in the schedule ("scheduled offences")

• To conduct investigation of the scheduled offences

• To file and conduct cases under this Act

What are the ‘Scheduled Offences’? 

• Offences under the ACC Act, 2004

• Offences under sections 161, 162, 163, 164, 165, 165A, 165B, 166, 167, 168, 169, 217, 218 and 409 of the Penal Code

• Offences under 420, 467, 468, 471, 477A of the Penal Code when such offences have been committed in relation to Government properties or by Government officials, officials of banks and financial institutions when discharging their official duty

• Offences under the Prevention of Corruption Act, 1947

• Offences under the Money Laundering Prevention Act, 2012 when its concerns offences of bribery and corruption

Declaration of assets- section 26(1) and (2) and Rule 17 

• Written notice is served under section 26(1) for submission of statement of assets and liabilities

• Time to be given is 21 working days + 15 working days

• Failure to submit statement of assets and liabilities within the time specified or gives any false information in the statement is an offence under section 26(2)

Disproportionate wealth – section 27(1) 

• It is an offence if a person has acquired property and

- there is sufficient reason to believe that the property has

    been acquired by dishonest means and

- it is disproportionate to his known sources of income

• There is a presumption of guilt which is rebuttable by section 27(2)

Inquiry 

• Defined in section 2(a)- to find out prima facie truth of the complaint

• Before lodging of F.I.R.

• Issue notice for attendance of witness, production of documents, call for public records and take evidence

• Can arrest a person if there are reasonable grounds to belief offence has been committed under section 21

• Time limit- 45 working days + 30 working days (Rule 7)

Investigation 

• Sections 19, 20, 20A and 23

• After lodging of the F.I.R

• The investigating officer must obtain sanction of the Commission before submitting it to the Special Judge as required under section 32 and Rule 13

•  Time limit: 120 working days + 60 working days + 90 working days (new officer)

Trial of offences 

• Criminal Law Amendment Act, 1958 applies

• Offences are tried by a Special Judge

Trap Case 

• Rule 16 of the ACC Rules, 2007

• To apprehend a person red-handed at the time of taking bribe

• Must be operated with prior sanction of the concerned Commissioner

Freezing and Attachment of Property 

• Rule 18

• There must be reasonable ground to believe that a person is in possession of property disproportionate to his known sources of income and he is likely to dissipate them

• Application will be filed by the officer conducting inquiry or investigation in the Court of Special Judge

Appeal and Revision 

• Appeal under section 10(1) of the Criminal Law Amendment Act, 1958

• Revision under section 10(1A) of the Criminal Law Amendment Act, 1958

• Bail application under section 498 of the Cr.P.C. or appeal under section 22 of the Money Laundering Prevention Act, 2012

• Notice must be served upon the ACC prior to hearing of the appeal, revision or bail application 

The following is a Microsoft PowerPoint presentation on the Anti-Corruption Commission Act, 2004 and Anti-Corruption Commission Rules, 2007