The anti-corruption unit of a State can lay a trap within its own state, and such trap can be against any public servant, i.e., such public servant can be a Government employee of the same State Government, or an employee under some other State Government, or an employee under the Central Government. The jurisdiction of an anti-corruption bureau or unit is confined to within the boundaries of the same state. So, the anti corruption unit of a state cannot go out of its way to lay a trap outside that state against an employee of that state.
However, there can be one exception. If an FIR for demand of bribe is already registered by the anti corruption unit of a state within the same state against an employee of that state, then in continuation of investigation of that FIR it can conduct investigation in any other state in India, and laying of trap is also a part of the investigation (even in another state) if the FIR was already registered within the state of the anti-corruption state. Therefore, laying of a trap outside the state may be possible only as a continuation of an existing FIR, but not as a fresh case. For this purpose, Section 48 of the Cr.P.C. may be seen which lays down that: “A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India”. It is well established that investigation of a case can be done by police anywhere in India, even beyond the original state. However, please note that such outside state investigation is generally done in consultation with the local police of that state, though this is not mandatory under law.
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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