ACB investigates crimes under the Prevention of Corruption Act 1988 and other laws, if found violated in addition to the above act.
The crimes in the above act include -
demand of bribe by a public servant
possession of assets by a public servant, which are disproportionate to his known sources of income
misuse of office by a public servant, involving decision causing undue loss to the public exchequer or undue gain to a private person or the public servant himself
bribe taking by/through touts/middlemen
2. Can you post some general guidelines for approaching ACB for registration of crime?
ACB is a specialized agency meant for investigation of crime relating to Corruption by Public Servants. An individual can approach any unit of ACB nearest to him, anywhere in the State of Rajasthan ACB has such units at all the district headquarters in the State besides the State Headquarters in Jaipur.
The details of ACB units are posted on this website in the link 'Contact us'.
3. Is it necessary for a person to physically approach an unit of ACB for providing information/complaint about corruption?
Not at all, ACB can also be approached by sending the information/complaint by post, by making a phone call to the concerned unit, by sending e mails to its officers and by posting the information/complaint on this website. All the required details for above are available on this website in the links 'Contact us' and ‘Lodge a complaint/information’.
4. What are the various means to provide information/lodging a complaint with ACB?
5. Is it necessary to mention one's identity for giving information/complaint to ACB?
Yes, it is. In accordance with the guidelines formulated by the Central Vigilance Commission, India, ACB does not entertain anonymous/pseudonymous information/complaint.
Having said this, the informant/complainant can however, always request to keep their identity secret. ACB takes all the necessary care to ensure that identity of such persons is kept secret.
6. How does ACB handle oral information and informants against corruption?
A large part of crime unearthed by ACB of corruption are based on oral information provided by individuals in confidence. ACB has a very well laid down policy of handling such information and informants, which is followed scrupulously. The informant is only handled by the officer to whom the information has been provided. Disclosure of the identity of the informant cannot be demanded even by the senior officers of the officer to whom the information has been provided. The identity of such informant is never put in writing in any record. It is not even disclosed to the courts. Courts also do not have powers to compel ACB to disclose the identity of the informant.
No action is initiated by ACB on such information without subjecting them to discreet verification. While taking care that the secrecy of the information is not leaked, such information is put to detailed verification. It is only after ensuring that a prima facie criminal case is made out, a criminal case is registered and further action taken.
7. What is a 'trap'? We often read in newspapers that ACB has caught a public servant in a trap.
ACB lays great emphasis on catching corrupt public servants, demand and take bribes. The process of catching such corrupt public servants red handed while they demand and take bribes is popularly called the 'trap'. It is not a legal term. A set procedure has been devised in ACB to lay a trap against a corrupt public servant. The evidence collected during the process of trap is placed before the court along with the charge sheet and is quite important in securing conviction of the public servant.
Trap can be laid within a very short time, hence is a very effective tool against corrupt public servants.
8. Who provides the money used for laying the trap?
The money has to be provided by the complainant and none else.
9. What happens to the money of the complainant provided for laying trap?
Such money is an important piece of evidence against the accused, to be used in the court during trail. It is seized by ACB and put up in the court along with the charge sheet. After completion of trial, court generally orders return of the money to the complainant. The money is, therefore, eventually returned to the complainant after completion of the trial in most of the cases.
10. If the complainant is so poor that he cannot arrange bribe money, does it mean that no action can be taken against a corrupt public servant, who demands bribe?
Certainly not. Action can be taken in such situations also. As per section 7 of the Prevention of Corruption Act, 1988, sheer demand of bribe is a punishable offence. That is to say that acceptance of bribe is not a mandatory requirement to prosecute a public servant. If it can be proved in the court by way of collection of evidence that the public servant had demanded bribe for an official act, the public servant can be convicted.
Laying of trap is just a means of collection of evidence to prove the guilt. It is preferred because it facilitates collection of good evidence and makes a case full proof. In the absence of trap, it is difficult to collect evidence of demand of bribe. It, however, does not mean that laying of trap is mandatory and nothing can be done in the absence of a trap.
11. We have often heard that not only bribe taking but bribe giving is also an offence under the law. In that case is not the complainant who hands over the bribe amount to the accused for laying trap is also an accused?
Certainly bribe giving is also an offence as per section 12 of the Prevention of Corruption Act, 1988, but only when it is given voluntarily. The law however, protects such persons who complaint to the law enforcement agencies soon after demand of bribe by a public servant, even if they had agreed to the demand. Section 24 of the Prevention of Corruption Act, 1988 provides such protection and acts of the complainant during the process of laying of trap. No action can, therefore, be taken against complaints in such matters.
12. What should an honest public servant do, when he is offered bribe by a person?
As mentioned in answer to question no. 11, voluntarily giving or offering bribe is also a punishable offence under section 12 of the Prevention of Corruption Act, 1988. In such a case the honest public servant should inform ACB as soon as such an offer is made by a person. In fact such a bribe giver can also be caught red handed by laying a trap on the complaint of the honest public servant.
The honest public servant shall, therefore, take steps to get such persons punished, rather than ignoring or just reprimanding them. This will deter the unscrupulous elements from bribe giving.
13. It is often heard, that public servants in higher positions don't demand or take bribes directly but through the touts or middlemen. Does ACB take action against such touts or middlemen also?
Most certainly. Sections 8 & 9 of the Prevention of Corruption Act, 1988 punish such touts/middlemen. On getting information/complaints against such touts/middlemen, ACB lays trap against them with the help of the complainant or otherwise. Further ACB attempts to gather evidence against the concerned public servant also on whose behalf the touts/middlemen are active. Such a public servant is also punishable under section 10 of the Prevention of Corruption Act, 1988.
ACB requests the general public to provide information about such known touts/middlemen, who are active in many public offices. ACB takes steps to verify such information at its own level and ensure action against such touts/middlemen even without a complainant.
14. Are there cases, when ACB has simultaneously taken action against the willing bribe giver and the bribe taker?
Yes, there have been such cases. If ACB receives information about a willing bribe giver and bribe taker from any genuine source before the bribe is actually handed over, it verifies such information and lays a trap to catch both the bribe giver and bribe taker red handed.
15. We often see across ourselves corrupt public servants leading a lavish life style and having possessions much beyond their means. Can ACB take action against such public servants?
Most certainly. Possession of assets and incurring expenditure, which are beyond the known source of income of a public servant, is punishable under section 13 of the Prevention of Corruption Act, 1988. ACB requests the citizens to provide specific details about assets and expenditure of such public servants. Providing general and vague information, however, does not help. Upon receiving such specific details, ACB conducts discreet verification of the same and conducts raids at the premises of such public servants after registration of a criminal case, if the information is found as correct.
16. Whether ACB keeps the identity of the informant secret?
No. There is no such policy in ACB. No cash reward is given to a person who provides information about a crime as mentioned in the answer toquestion no. 1 above.
18. Can a common man lodge a complaint with ACB?
Yes, any person, if harassed by a public servant with a demand for a bribe, can lodge the complaint with the Anti-Corruption Bureau. Besides this, any one can share information regarding corruption, corrupt practices, misuse of office and illegal assets of the public servants with the ACB.
19. How to lodge a complaint through E-mail?
The complainant has to give his own contact details and the details of the public servant, such as his name, his designation, his department, nature of work for which he is demanding the bribe and the amount of bribe. In such cases, the complainant will be contacted for pursuing the information further.
In case of disproportionate assets, specific information of both movable and immovable property may be mentioned. These may include
• bank accounts
• flats, plots of land, bungalows, shops, agricultural land
• partnerships in financial dealings
• items of high expenditure, such as foreign travel, donations to educational
• investments in deposits, shares and certificates
20. Can ACB take action against a false complaint?
ACB does take action against false complaints. This involves prosecution of the complainant for leveling false and malicious allegations against a public servant.
Smt. Vasundhara Raje
Hon'ble Chief Minister Rajasthan