INDIA Law and Practice Contributed by: Priyank Ladoia, Asif Ahmed, Pranav Tomar and Puneet Dhanoa, AZB & Partners
7. Enforcement Trends 7.1 Enforcement
CVC/CBI The CVC is the primary statutory body that supervises the investigation and prosecution of cases by the CBI under the PCA. The CVC can itself inquire or cause the CBI to inquire into any allegations of corruption by public officials. This is, however, caveated by the fact that the CVC or the CBI (as the case may be) must seek permission of the competent authority to initi - ate an inquiry or an investigation, as mandated under Section 17A of the PCA. The CVC can also direct the CBI for the purpose of discharging the responsibility entrusted to it. Additionally, the CVC can review the progress of investigations conducted by the CBI. The CVC can also review the progress of applications pending with the competent authorities for sanctioning of pros - ecution under the PCA. On issues of prevent - ing corruption in such entities, the CVC has also been mandated to tender advice to: • the Central Government; • corporations established by or under any Central Act; • government companies; and • societies and local authorities owned or con - trolled by the Central Government. While conducting an inquiry, the CVC can: • summon and enforce the attendance of any person from any part of India and examine them on oath; • require the discovery and production of any document; • receive evidence on affidavits; • requisition any public record or copy thereof from any court or office; and • issue commissions for the examination of wit - nesses or other documents.
The CVC is the main body for enforcing anti - bribery and anti-corruption laws in public offices. The CVC has the power to itself inquire, or cause an inquiry, into any allegation of corruption. The CVC has superintendence over the vigilance administration of: • the various ministries of the Central Govern- ment; • corporations established by or under any Central Act; and • government companies, as well as societies and local authorities owned or controlled by the government. The CVC can direct initiation of disciplinary pro - ceedings or any other appropriate action against a public servant of the Central Government by the competent authority. However, any prosecu - tion, either by the CVC itself or by the CBI under the supervision of the CVC, has criminal enforce - ment by launching prosecution under the PCA. Criminal prosecutions under the PCA are con - ducted: • by the police authorities; • by the Enforcement Directorate (ED) in cases where the offence under the PCA is a predi - cate offence; • by the tax authorities under the Black Money Act for wilful evasion of taxes; and
• by the Lokpals/Lokayuktas. 7.2 Enforcement Bodies
Multiple bodies are mandated to enforce anti- corruption laws in India, as detailed in the fol - lowing.
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