Can i file private complaint in anti corruption laws
kavita vishwakarma
(Querist) 22 February 2012
This query is : Resolved
can we file private complaint in prevention of corruption act.
Raj Kumar Makkad
(Expert) 22 February 2012
Any person can file such complaint but it shall become very difficult to prove the offence without following the various procedures which are mandatory under such act like sanction to prosecute, documents from department etc.
S.B.adil rahman
(Expert) 22 February 2012
Yes there is no bar in filing the private complaint of corruption for demanding money or for making payment to get a favour. However, such complaint should be filed in the Special Court either privately or under 156(3) CrPC. Sanction is not required for starting FIR or for investigating the case u/s 156(3)CrPC. However,it is a must for taking cognisance by the Court. In private case you can apply for sanction after giving the full facts to the Government and after that you can move to the court for taking cognisance on the basis of sanction. However, there are some sections in P.C Act where sanction is not required.
Kiran Kumar
(Expert) 22 February 2012
well I agree with Mr. Makkad, it will be hard to prove such a case unless there is some strong evidence of commission of crime...atleast some documentary evidence.
Advocate M.Bhadra
(Expert) 22 February 2012
If you have specific evidence then you can file a complaint but you have to burden of proof.
Shonee Kapoor
(Expert) 23 February 2012
Against whom? It has to be the moot point.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 23 February 2012
Certainly you may not be able to file private complaint in bribery case. You do not have the phenopthelene test process.
You cannot file private disproportionate assets case without specific knowledge of assets and income of accused and his spouse. If spouse if not govt employed his income details are also not subject to RTI.
RTI can be filed to file offence under S/13(1)(d) by obtaining information under RTI Act.
In either case prosecution sanction will be required.
