The Jammu and Kashmir Prevention of Corruption Act, 1949

1. (e) if he or any person on his behalf is in possession or has, at any time during the period of his office, been in possession, for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation.-- For the purpose of clause (e) "property" includes any interest in any property, movable or immovable, and the proceeds of sale thereof, and any money or investment in the name of the public servant or any other person on his behalf, and in the case of any person who is or has been a Member of the Council of Ministers other than the Chief Minister, or the Chief Minister, or a member of either House of the State Legislature, the property shall also include any interest in any property belonging to his spouse, dependent children or any person in whom he is interested: Provided that nothing in this clause shall restrict the power of the Court to hold that the possession of such resources or property or pecuniary resources is a circumstance from which the guilt of the accused may be inferred.

1. (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine: Provided that the Court may, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year but not less than six months.
2. (3) Whoever commits--
   • (i) an offence punishable under section 161 or section 165 of the State Ranbir Penal Code, Samvat 1989; or
   • (ii) an offence punishable under section 161-A or section 167-A of the State Ranbir Penal Code, Samvat 1989; shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine: Provided that the Court may, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year but not less than six months.
3. (4) Whoever attempts to commit an offence referred to in clause (c) of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
4. (5) Where a sentence of fine is imposed under sub-section (2) or sub-section (3), the Court in fixing the amount of fine shall take into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence, or where the conviction is for an offence referred to in clause (e) of sub-section (1), the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily.

Previous sanction necessary for prosecution.-- No court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 or section 167-A of the State Ranbir Penal Code, Samvat 1989 or under sub-section (2) or sub-section (3) of section 5 of this Act, alleged to have been committed by a public servant, except with the previous sanction,-

1. (a) in the case of a person who is employed in connection with the affairs of the State and is not removable from his office save by or with the sanction of the Government, of the Government;
2. (b) in the case of any other person, of the authority competent to remove him from his office: Explanation.-- Where for any reason whatsoever any doubt arises whether the previous sanction as required under sub-section (1) should be given by the Government or any other authority, such sanction shall be given by the Government or by such authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed;
3. (c) in the case of a person who is or has been a member of the Council of Ministers other than the Chief Minister, on the advice of the Chief Minister or the Governor on the advice of the Chief Minister:
4. (e) in the case of a person who is or has been a member of either House of the State Legislature, of the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be.

A. Particulars in a charge in relation to an offence under section 5(1)(c).-- Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, when an accused is charged with an offence under clause (c) of sub-section (1) of section 5, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed without specifying particular items or exact dates and the charge so framed shall be deemed to be a charge of satisfying the requirements of section 234 of the Code.

Accused person to be competent witness.-- Any person charged with an offence punishable under section 161 or section 165 or section 165-A or section 167-A of the Ranbir Penal Code, Samvat 1989 or under section 5 of this Act, shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that,-

1. (a) he shall not be called as a witness except on his own request;
2. (b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial;
3. (c) he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless--
   • (i) the proof that he has committed or been convicted of such offence is admissible in evidence to show that he is guilty of the offence with which he is charged; or
   • (ii) he has personally or by his advocate asked any question of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution; or
   • (iii) he has given evidence against any other person charged with the same offence.

A. The Code of Criminal Procedure, Samvat 1949 to apply subject to necessary modification.-- The provisions of the Code of Criminal Procedure, Samvat 1989, shall in their application to any proceeding in relation to an offence punishable under section 161, section 165, section 165-A or section 167-A of the State Ranbir Penal Code, Samvat 1989 or under section 5 of this Act, have effect as if,--

1. (a) in sub-section (1) of section 251-A the following had been substituted, namely:-- "(8) The accused shall then be required to give in writing within such time as the Magistrate may allow a list of persons, if any, whom he proposes to examine as his witnesses and the documents, if any, on which he proposes to rely and shall then be called upon his defence and produces evidence and if the accused puts in any written statement; the Magistrate shall file it with record: Provided that in case the accused does not disclose the name of the witnesses for fear of tampering with, he may apply to the Court in which case he will be bound to produce the witnesses in his own responsibility on the next date of hearing without the assistance of the Court and will not claim any further adjournment on this score."
2. (b) in sub-section (1-a) of section 344, after the second proviso, the following proviso had been inserted, namely:-- " Provided that the proceeding shall not be adjourned or postponed merely on the ground that application under section 435 has been made by a party to the proceeding";
3. (c) in sub-section (1) of section 435 before the Explanation, the following proviso had been inserted, namely:-- " Provided that where the powers under this sub-section are exercised by a Court on an application made by a party to such proceeding, the Court shall not ordinarily call for the record of the proceeding--
4. (a) without giving the other party an opportunity of showing cause why the record shall not be called for; or
5. (b) if it is satisfied that an examination of the record of the proceeding may be made from the certified copies thereof, and in any case the proceedings in the lower court shall not be stayed except for reasons to be recorded in writing."

Statement by bribe-giver not to subject him to prosecution. Notwithstanding anything contained in any law for the time being in force a statement made by a person in any proceeding against a public servant for an offence under section' 161 or section 165 of the Rrnbir Penal Code, 1989, or under sub-section (2) [or sub-section (1)] of section 5 of this Act, that he offered ot agreed to offer any gratification (other than legal remuneration) or any-valuable thing td thk public servant, shall not subject such- person to a prosecutjon under section 165-A of the said Code.]

Superior officers of Police to exercise powers of officer-in-charge of a Police Station.-Notwithstanding, anything contained in the Code of Grimi nal Procedure, SamGt 163 [for the' purposes of this Act, any officer of the [Vigilance Organisation] of and above the rank of Sub-Inspector of Pol~cc shali. sublect to the provisrons of this Act, exercise any of the powers OF d~c.~ln,:~&l&ch:irgcof a Police Stati~n anywhere in the State and when elercrslng such powers shall be deemed to be an officer-in-chargc of the Police Station with~n the limits of which he is exercis' h powers].

Inspection of dank accounts..

1. (1) The Government may, by general or special order, authorise [any police officer] of and above the rank of [Deputy Superintendent of Pdlice] [sf any officer of the Vigilance Organisation] to inspect any account with a bank or a company in the State of a person against whom an offence under this Act is being investigated and such bank or company shall provide all facilities for inspection thereof ant1 supply a copy of the account, if so required by such officer : Provided that such officere shall not disclose any particulars contained in any such account escept in the performance of his official duty or giving evidence before a Court.
2. (2) If any such officer discloses any parflculars contained in any such account otherwise than in accordance with the proviso to sub- section (1), heshall be punished with imprisonment which may extend to six months and shall also liable to fine, previded that no prosecution shall be instituted under this sub-section escept with the previous sanction of the Government.

Report of the Vigilance Organisation.- It shall be the duty of the Vigilance Organisation to s~rbmit halfyearly to the Government a report as to the \slork done by it and the Government on receipt of such report, shall cause a copy thereof to be laid before the Legislature.]

Establishment of Vigilance Organisation.-

1. (1) The Government may, by notification in the Government Gazette, establish an organisation for investigation of offence under this Act under the name of 'Vigilance Organisation'.
2. (2) The Organisation shall consist of a Vigilance Commissioner such other officers and staff subordinate to him as the Government may from time to time think fit to appoint
3. (3) The qualifications and eligibillt!. for appointment as Vigilance Commissioner and other officers and staff shall be such as may be prescribed by the Government by rules made under this Act : Provided that nothing in this sub-section shall apply to a person holding the post of Vigilance Commissioner and other officers an# staff appointed before the commencement of the Jammu and dshmir Prevention of Corruption Laws (Amendment) Ordinance. 1983 and such officers (including Vigilance Commissioner) and staff shall continue until replaced by the Governmctit by persons eligible for appointment under this sub-section.
4. (4) The Vigilance Commissioner and the officers and staff subordinate to him shall hold office for such term and on such conditions as the Government may from time to time determine.

Superintendence and the administration of the Vigilance Organisation.-

1. (1) The superintendence and control of the Vigilance Organisation shall vest in the Governn~ent.
2. (2) The administration of the Vigilance Organisation shall vest in the Vigilance Commissioner.
3. (3) The Vigilance Commissioner or any officer subordinate to him shall, in respect of the said Organisation, exercise such of the powers. exercisable by the Inspector General of Police in respect of the police force as may bc specified by the Government froni time to time in this behalf.

Conferment of additional functions on Vigilance Commissioner.-

1. (1) The Go\.crnrncnt may be norifrcation, confer on the Vigilance dommissioner such additional functions in relation to eradicatiba 6f corruption as hay 'be in the notification.
2. (2) Where any additional,fundions re conferred on the Vigilance oamissioner, he shall exercise the sa e powqs and discharge the dme functions in respect of the said functions as%e would-in the case of any inve&igation under the Act and t e provisions of this Act shall apply accordingly.

Construction of references to Anti-Corruption Organization in other laws, orders etc.- Any reference in any State law, rule or notification in force in the State at the commencement of the Jammu and Kashmir Prevention of Corruption Laws (Amendment) Ordinance, 1983 to the Anti-Corruption Organisation shall, unless the context otherwise requires, be construed as reference to the Vigilance Organisation.