ACB from now on to adopt Special Courts Act 2016

  • | Tuesday | 17th July, 2018

Under this same Act properties, cash can be attached under the Criminal Amendment Ordinance (1944) whereas under the AP Special Courts Act 2016 pre-trial confiscation can be done. While in the Special Courts Act there is a one-year time frame fixed for the trial, which is absent in the Prevention of Corruption Act 1988. Vijayawada: The Anti-Corruption Bureau ( ACB ) will bring more cases in the preview of the Special Courts Act 2016 to attach properties of government servants involved in disproportionate assets cases. The Special Courts Act requires that in case of acquittal, the properties are to be returned to the accused or public servant. But under this Act, public service will be deprived of possession enjoyment and utilize the income from such properties” AP DGP RP Thakur told TOI.

Vijayawada: The Anti-Corruption Bureau ( ACB ) will bring more cases in the preview of the Special Courts Act 2016 to attach properties of government servants involved in disproportionate assets cases. This decision has been taken to ensure that such employees cannot enjoy the property or money during the trial. After Bihar and Odisha, Andhra Pradesh is the state to enact such an Act and bring the first case under it a few days ago.“In many such ACB cases the investigation takes a lot of time and in some case where the investigation is completed charge-sheet is filed, they still enjoy the benefits of the property, there will not be any threat to such property. But under this Act, public service will be deprived of possession enjoyment and utilize the income from such properties” AP DGP RP Thakur told TOI. A high-level meeting with ACB officials will be held on Tuesday in this regard.The worth of properties involved in the case to attach the properties in this preview will be minimum Rs 2 crore, officials said.ACB has been filing the charge-sheet under the prevention of corruption Act 1988 so far which deals with all corrupt acts of the public servants as well as private persons.Officials say that there are many advantages with the AP Special Courts Act compared to Prevention of Corruption Act 1988. While in the Special Courts Act there is a one-year time frame fixed for the trial, which is absent in the Prevention of Corruption Act 1988. Under this same Act properties, cash can be attached under the Criminal Amendment Ordinance (1944) whereas under the AP Special Courts Act 2016 pre-trial confiscation can be done. The properties confiscated can be utilised by the government or can be sold in auction.On termination of criminal proceedings only (conviction), the properties can be forfeited to the government in case of Prevention of Corruption Act 2016. The Special Courts Act requires that in case of acquittal, the properties are to be returned to the accused or public servant.

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