Office of the Attorney General Takes Over Corruption Cases

In a move aimed at speeding up the prosecution process and tackling corruption, the Office of the Attorney General (OAG) has been granted the authority to take over cases delayed without valid reason or hampered by interference.

Authority to Take Over Cases

According to Section 91 of the Anti-Corruption Act, the OAG can prosecute individuals charged with corruption or take over ongoing prosecutions from the police or other prosecuting agencies when necessary. This provision aims to ensure that corruption cases are not stalled or manipulated, thereby undermining the rule of law.

The OAG is entitled to cooperation from public entities and individuals under Section 94. The Chairperson can issue a written order requiring any public or private entity or person to provide information, documents, or materials related to an investigation.

Under Section 96, the Commission can require public entities or organizations to carry out investigations, inquiries, expert inspections, analysis, examinations, or other necessary measures within their power.

Protection of Alleged Persons and Witnesses

The OAG is required to give due regard to the personal safety and security of individuals under custody during investigation (Section 97) and provide reasonable protection when necessary.

Witnesses and informers are also protected under Sections 98-100. The State shall protect them from physical, economic, or other threats, and their identity shall be kept confidential.

Immunity from Prosecution

The Chairperson, members of the OAG, investigating officers, and officials involved in an investigation or inquiry shall enjoy immunity from prosecution for any lawful act arising from the discharge of their duties under the Act (Section 104).

Offences, Penalties, and Bail

Under Section 105, any offence defined in the Act is deemed to be a cognizable offence within the meaning of the Civil and Criminal Procedure Code.

Any person who commits an offence of corruption or fails to comply with provisions of the Act shall be guilty of an offence (Section 106).
The OAG can also investigate cases where public servants or individuals with access to public resources maintain a standard of living disproportionate to their lawful source of income (Section 107). Such individuals shall be liable for value-based sentencing in accordance with the Penal Code.

New Offence

Section 108 provides that where the Court is satisfied that an individual has committed an offence under Section 107, they shall be guilty of an offence and liable for punishment.