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Investigation and Prosecution of Corruption Cases in Bhutan

The Anti-Corruption Law of Bhutan outlines various provisions related to the investigation and prosecution of corruption cases. This section highlights key points related to investigation, arrest, detention, search and seizure, prosecution, and immunity from prosecution.

Investigation and Arrest

• The Commission’s power to enter private dwellings to arrest individuals without a warrant is limited to instances of immediate necessity or other exigent circumstances (Section 80).
• Any person arrested must be produced before a court within 24 hours, excluding travel time and government holidays (Section 81).
• First, any person arrested must be taken to a police station for necessary documentation of the arrest (Section 82).

Detention

• The detention of an alleged person is required at any time; they shall be kept in police custody (Section 83).
• Custody of the accused under the police shall be governed by the Prison Act or other relevant rules and regulations (Section 84).

Search and Seizure

• The Commission may search and seize or attach the property of an alleged person in accordance with the Civil and Criminal Procedure Code of Bhutan (Section 87).

Prosecution

• No person shall be liable to penalty for an offense under this Act or any other law unless found guilty and convicted by a court of law (Section 89).
• The prosecution of any case based on an investigation report of the Commission shall be carried out expeditiously by the Office of the Attorney General or any prosecuting agency in the Court of competent jurisdiction (Section 90).

Immunity from Prosecution

• The Chairperson and members of the Commission, investigating officers, or any other official involved in an investigation or inquiry shall enjoy immunity from prosecution for any lawful act arising from due discharge of their duty under this Act (Section 104).