Is it necessary for ACB or CBI to arrest accused in corruption case?

[Anonymous]

If a case of disproportionate assets with regard to known sources of income is registered by Anti Corruption Bureau or ACB, is it necessary for the ACB or the CBI to arrest the accused person in such case [it has been registered under Section 13(1)(e) of the Prevention of Corruption Act, 1988]?

[Dr. Ashok Dhamija]

The law never makes it mandatory to arrest an accused person involved in a crime. Even though the power to arrest may be there with the police or ACB or CBI in respect of a particular offence, it is not mandatory that accused should always be arrested. Arrest has to be made if it is necessary for the purposes of the investigation or to ensure that the accused does not abscond or does not threaten witnesses or does not destroy evidence, etc. Merely because there is power to arrest in a specific offence, would not mean that the arrest should necessarily be made.

In accordance with this general principle, it is not mandatory for the ACB or the CBI to arrest a person who is accused of an offence of possessing assets disproportionate to his known sources of income, as defined in Section 13(1)(e) of the Prevention of Corruption Act, 1988, punishable under Section 13(2) thereof. As per the necessity, such accused may or may not be arrested.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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