 bid no '7 of i" the anti-corruption laws (amendment) bill, 1964a bill  further to amend the indian penal code, 1860, the code of criminal procedure, 1898, the criminal law (amendment) ordinance, 1944, the delhi special police establishment act, 1946, the prevention of corruption act, 1947 and the criminal law (amendment) act, 19~2 be it enacted by parliament in the fifteenth year of the republic of india as follows:-1 this act may be called the anti-corruption laws (amend- short title ment) act, 1964 2 in the indian penal code,-5 amendment of as;t 45 of 1860 10 (1) in section 21,-(i) for clause third, the following clause shall be 8u~ stituted, namely:-"third-every judge including any person empow-ered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;"; (ii) in clause fourth, after the words "officer of a court of justice", the brackets and words" (including a uquida-is tor, receiver or commissioner)"" shall be inserted; (iii) in clause nilnth, the words "and every officer in the service or pay of the government or remunerated by fees or commission for the perfonnance of any public duty" shall be omitted; 1118(b) ls-l (iv) for clause twelfth, the following clause shall substituted, namely:-ittwelfth-every person-(a) in the service or pay of the government, remunerated by fees or commission for the pe formance of any public duty by the governmen (b) in the service or pay of a local authorit a corporation established by or under a centrl provincial or state act or a government compar as defined in section 617 of the companies a( 1956"; (v) explanation 4 shall be omitted (2) in section 161, section 162 and section 163, after ttwords "the legislature of any state", the words and figures "c with any local authority, corporation or government compan referred to in section 21" shall be inserted  3 in the code of criminal procedure, 1898,-amendment of act s of 1198· (1) in section 198b,-(a) in sub-sectian (1), the brackets and words " (othf than the offence of defamation by spoken words)" shall ~ omitted; (b) after sub-seetion (5), the following sub-sectio shall be inserted, namely :-"(sa) every trial under this section shall be hel, in camera if either party thereto so desires or if th court of session so thinks fit to do"; (c) after sub-section (13), the following sub-sectiol shall be inserted, namely:-"(14) where a case is instituted under this seetio! for the trial of an offence, nothing in sub-section (13) shall be construed as requiring a complaint to be mad4 also by the person aggrieved by such offence"; (2) in sub-section (2) of section 222, for the words "dis' honest misappropriation of money, it snail be sufficient to speeif3 the gross sum", the words "dishonest misappropriation of mone3 or other movable property, it shall be sufficient to specify th~ gross sum or, as the case may be, describe the movable property' shall be substituted; (3) in sub-section (1) of section 492, for the words utile state government", the words "the central government or the state government" shall be substituted;  to th1i: anti-corruption laws (amendment) bill, 1964 (to be/as introduced in lok sabha)1 page 1, in the long title,-(i) for lithe criminal law (amendment) ordinance" j:jwl -"the criminal law amendment ordinance ll (ii) ljtj: lithe criminal law (amendment) act it iw -lithe criminal law amendment act " 2 page 2, line 26,-m "court of sessionlt j:wl5l iicourt of session" 3 page 6, in the marginal heading to section ?a,-m "the code of criminal 1898, to procedure, 8 apply subject modifications" j:ww -lithe code of criminal procedure,1898, to apply subj ect to certain modifications" 4 page 9, line 1 from bottom,-t:q! "article" ~ "articles ll 5 page 11, line 9 from bottam,-m "sections" ~ "section" 6 pag e 1?, line 3 from bottcm,-m "192b" ~ "198b" 7 page 17, in the marginal heading to section 198b,-~ "defamatio" rw "defamation" 8 page 20, line 11 from bottan,-m "unles lt ~ "unless" , 9 page 22, in the marginal heading to section 7 ,-w tip eon" ~ tip er son n 10, in the docket page,-(i) w "indian panel code" ~ "indian penal code" (ii) !2! "the criminal law (amendment) ordinance"ttuw-"the criminal law ajnencinent ordinance tl (~ii) m "the criminal law (amendment) act" ~ -\ "the criminal law amendment act" 11 corr ect line num bar s on pag as 6 and 7 new delhi; be~tember 23 1964 asvvna i, '88~(saka) (ii) after clause (d), the following clause shall be inserted, namely:-"(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 ser-5 vant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income"; (b) in sub-section (2), the words "in the discharge at his duty" shall be omitted; 10 (c) for sub-sections (2a) and (3), the following subsections shall be substituted, namely:-"(3) whoever habitually commits-(i) an offence punishable under section 162 or section 163 of the indian penal code, or 4s of 1860 15 (ii) an offence punishable under section 165a of the indian penal code, - shallbe 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: 20 provided that the court may, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year (3a) whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) 25 shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both (3b) where a sentence of fine is imposed under sub-section (2) or su1>-section (3), the court in fixing the amount of fine shall take into consideration the amount 30 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 4(e) of su1>-section (1), the pecuniary resources or property referred to in that clause for which the accused person 35 is unable to account satisfactorily"; (3) for section sa, the following section shall be substituted, namely:-"5a, (1) notwithstanding anything contained in the code of criminal procedure, 1898 no police officer below the rank-investiga-(4) in the case of the delhi special police establish- tion into ment, of an inspector of police; ~8:er (b) in the presidency-towns of calcutta and madras, of an assistant commissioner of police; 10 (c) in the presidency-town of bombay, of a superintendent of police; and (d) elsewhere, of a deputy superintendent of police; 45 of 1860 is shall investigate any offence punishable under section 161, section 165 or section 165a of the indian penal code or uinfer section s of this act without the order of a presidency magistrate or a magistrate of the first class, as the case may be, or make any arrest therefor without a warrant: provided that if a police officer not below the rank of an inspector of police is authorised by the state government in this behalf by general or special order, he may also investigate any such offence without the order of a presidency magistrate or a magistrate of the first class, as the case may be, or make arrest therefor without a warrant: 25 provided further that an offence referred to in clause (e) of sub-section (1) of section 5 shall not be investigated without the order of a police officer not below the rank of a superintendent of police 30 (2) if, from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under sub-section (1) and considers that for the purpose of investigation or inquiry into such offence, it is necessary io inspect any bankers' books, then, notwithstanding anything contained in any law for the time being in farce, he may inspect any bankers' books in so far as they relate to the accounts of the person suspected to have committed that offence or of any other person suspected to be holding money on behalf of such per-son, and take or cause to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist tbepolice officer in the exercise of his powers under this sub-section: provided that no power under this sub-section in rela-s tion to the accounts of any person shall be exercised by a police officer below the rank of a superintendent of police, unless he is specially authorised in this behalf by a "police officer of or above the rank of a superintendent of police explanation-in this sub-section, the expressions "bank" 10 and "bankers' books" shall have the meanings assigned to them in the bankers' books evidence act, 1891"; 18 of 1891 (4) in sub-section (1) of section 6, after the word, brackets and figure "sub-section (2)", the words, brackets, figure and letter "or sub-section (3a)" shall be inserted; is (5) after section 6, the following section shall be inserted, namely:-particulars id a charse in relation to ad offedce udder section s(i)(c) "6a notwithstanding anything contained in the code of criminal procedure, 1898, when an accused is charged with 5 of 1898 an offence under clause (c) of sub-section (1) of section 5, 20 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 2s to be a charge of one offence within the meaning of section 234 of the said code: provided that the time included between the first and last of such dates shall not exceed one year"; (6) in section 7, the words, brackets and figure "sub-section 30 (2) of" shall be omitted;  --=-(7) after section 7, the following section shall be inserted, namely:-"7a the provisions of the code of criminal procedure, 1898, shall, in their application to any proceeding in relation 35 5 of 1898 to an offence punishable under section 161, action 165 or section 165a of the indian penal code or under section 5 of 45 of 1860 this act, have effect as if,-the code of criminal 1898 to procedure, 8 appi1 lubje<:t modifications (4) in bub-section (8) of section 251a, for the words "'!'he accused shall then be called upon", the words "the aecuied shall then be required at once to give in writing 40 a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (u any) on which he proposes to rely, and he shall then be called upon" had been substituted; 5 ('b) in sub-section (ia) of section 344, after the second proviso, the following proviso had been inserted, namely:-10 "provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under section 435 has been made by ii party to the proceeding"; 15 (c) in sub-bection (1) of section 435, before the ezplanation, the following proviso had been inserted, namely:-"provided that where the powers under this subsection are exercised by a court on an application made by a party to such proceedings, the court shall not ordinarily call for the record of the proceeding-20 (a) without giving the other party an opportunity of showing cause why the record should not be called for; or (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, before the inferior court shall not be stayed except for reasons to be recorded in writing"; (d) after sub-section (2) of section 540a, the following sub-section had been inserted, namely:-"(3) notwithstanding anything contained in subsection (1) or sub-section (2), the judge or magistrate may, if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross-examination"; ·35 (8) in section 8, after the word, brackets and figure "subsection (2)", the words, brackets, figure and letter "or sub-aection (3a)" shall be inserted 7 in the criminal law amendment act, 1952, in clause (a) of sub- amendment 40 section (1) of section 6, the words, brackets and figure "sub-section ~:s:ct 46 of (2) of' shall be omittei  statement of objects and reasonsthe committee on prevention of corruption was appointed in 1962 to review the problem of corruption and to suggest measures to combat it the committee has made various suggestions for dealing with the problem and has, inter alia, recommended certain changes in the law to ensure speedy trial of cases of bribery, corruption and criminal misconduct, and to make the law otherwise more effective the bill is intended to give effect to such of these recommendations that have been accepted 2 the following are the main features of the bill:-(a) the definition of 'public servant' in section 21 of the indian penal code is proposed to be amended so as to bring within its purview certain additional categories of persons such as persons performing adjudicatory functions under any law, liquidators, receivers, commissioners, etc (b) the code of criminal procedure, 1898 is being amended so as to bring within the purview of section 198b of the code the offence of defamation by spoken words also and to make it clear that it should not be necessary to take the consent of the person defamed before proceedings are instituted under the section it is also proposed to provide that trials under this section may be held in camera under certain circumstances besides, it is also proposed to amend the code so as to empower the central government to appoint public prosecutors (c) the delhi special police establishment act, 1946 is being amended to enable officers of the delhi special police establishment, not below the rank of a sub-inspector, to exercise the powers of an officer in charge of police station (d) the committee has recommended a number of impormnt amendments to the prevention of corruption act, 1947 it has suggested that the presumptions enunciated in sub-sections (1) and (2) of section 4 of the act should 'be made available also in respect of offences under section 5 and possession of disproportionate assets should be made a substantive offence it has also recommended that habitually corrupting ,public servants should be made an offence and that attempts to commit certain offences under section 5 of the act should also be made punishable certain other recommendations in regard to investigation into corruption cases have also been made it is proposed to give effect to all these recommendations,· subject, of course, to suitable safeguards the committee has suggested certain amendments to the cod~ of criminal procedure, 1898, particularly to the provisions relating to the inspection of documents (in so far as they have a bearing on the inspection of bankers' books) i adjournments, stay of proceedings, calling of records, recording of evidence in the absence of the accused, etc as these recommendations have been made in the context of the limited problem of prevention of corruption, it is proposed to give effect to them by inserting suitable provisions in the prevention of corruption act, 1947 (e) further, it is considered necessary to take powers to obtain an order of attachment of mmey gf other property believed to have been obtained by the commislion of ofteoces under section 5 of the prevention of corruption act, 1947 atld for this purpose, it is proposed to amend the criminal law amendment ordinance, 1944, suitably (f> the criminal law amendment act, 1952 is being amended to make the new offences under the prevention of corruption act al80 trtableby speciel courts new delhi; jaisukhlal hathi tj\e 11th septembe1' 19m  president's recommendation under article 117 of the constitution of india{cepy of letter no 43/3'/i4-avd, dated the 11th september, l~ from shri jai sukh la! hathi, minilter of state in the midistry of home affairs to the secretary, lok sabba]  the president l1aving been infonned of the bubject matter of the anti-corruption laws ·(amendmedt) bill, l~ recomulends the introduction and consideration of the bill in the lok sabha "ndel" article 117(1) qnd 117(3) of the constitution qf indiel,  clause 2-this clause seeks to amend the indian penal codesub-clause (1) -'public servant' has been defined in section 21 of the code and it is proposed to amend it so as to bring within its purview certain additional categories of persons, namely, (a) persons discharging adjudicatory functions, (b) liquidators, receivers and commissioners appointed by courts and (e) persons in the service or pay of any statutory corporation which is not engaged in any trade or indusby sub-clause (2) -the amendments are of a consequential nature clause 3-this clause seeks to amend the code of criminal procedure, 1898 sub-clause (1) -this sub-clause seeks to amend section ) 98b of the code under this section, public prosecutors are empowered under certain circumstances to file complaints in respect of offences of defamation other than, by spoken words against the president, vice-president, ministers and other public servants in respect of their conduct in the discharge of their public functions it is proposed to amend section 198b so as to enable proceedings being taken thereunder, even in respect of an offence of defamation by spoken words it is further proposed to provide that a trial under the section may be held in camera under certain circumstances doubts have arisen 8s to whether a public prosecutor can ftle a complaint under this section without the consent of the public servant alleged to have been defamed it is proposed to make it clear that it will ,  not be nec~sary to obtain the consent of the public servant for instituting proc~dings \,ldder the section sub-ciause (2) -this sub-clause seeks to amend sub-sectiort (2) of section 222 of the code for providing that even in cases of dishonest misappropriation of movable property other than money, it shall be sufficient to describe in the charge the movable property in respect of which and the dates between which the offence is alleged to have been committed without specifying particular items or exact dates this is for avoiding multiplicity of proceedings in such cases subclause (3) -this su·b-clause seeks to amend section 492 of the code to enable the central government to appoint public prosecutors - such a power is necessary for dealing expeditiously with corruption cases sub-clauae (4) -the amendment made by this sub-clau~e is of a consequential nature clause 4-this clause seeks to amend the criminal law amendment ordinance, 1944 which provides for attachment of money or other property believed to have been obtained by the commission of offences specified in the schedule thereto to facilitate similar action in relation to offences under the prevention of corruption act, 1947, it is proposed to include those offences also in the schedule clause s-this clause seeks to amend section 5 of the delhi special police establishment act, 1946 for enabling officers of the delhi special police establishment not below the rank of a sub inspector of police to exercise the powers of an officer in charge of a police station such powers are necessary for speedy investigation into corruption cases clause 6-this clause seeks to amend the prevention of corruption act, 1947 sub-clause (1) -section 4 of the prevention of corruption act provides that on proof of certain facts constituting an offence 'under sections 161, 165 or 165a of the indian penal code, the motive requisite under those sections shall be presumed unless the contrary is proved this sub-clause seeks to amend the said section 4 so as to provide that a similar presumption as to motive shall be made also in cases of offences \lllder the prevention of corruption act which involve motive as an ingredient thereof, namely, the offences referred to in clauses (a) and (b) of subsection (l) of section 5 of the act and the offence under  clause (u) of proposed sub-section (3) of the said section 5 sub-c&gwe (2) -this &llb-clawse beeks to amend section ~ of ~he act,-(i) to cover offences of criminal misconduct by public servants acting as intermediaries by deleting the words 'in the discharge of his duty'; (ii) to make posaession of assets by public servant disproportionate to the known sources of his income for which he cannot satisfactorily account, a substantive offence; (iii) to 'make habttual commission of offences under sections 162, 163 and 165a· of the indian penal code, substantive offences; (iv) to make, attempts to commit offences of criminal misconduct referred to in clause (c) or clause (d) of submuon (1) of the sa:tion abo, punishable, and (v) to make certain consequential changes subcza'u8e (3) -this wb-clause seeks to substitute a new section sa for exilting section sa of the act sub-section (1) of the new section corresponds to the existing section 5a subject to two modifications aimed at facilitating quick investigation of cor  ruption cases the modifications are <a> for empowering ins  pectors of the delhi special police' establishment to investigate offences mentioned in the section without any authorisation as at present and (b) for empowering state governments to auth«ise police omeers, not below the rank of ln8pectorbt to m, vestigate the said offences experience has shown that for the effective and speedy investigation of the offences mentioned in sub-section (l> of the new section 5a, it is necessary to confer on the police oftlcers empowered under that sub-section to investigate those of!encee, powers to inspect bankers' books, in so far as such books relate to the accounts of any person suspected to have been guilty of commission of any of the said offences 'sub-section (2) of new section sa is for this purpose to ensure that the powers' are not abused, it bas been provided that the' powers shall not be exercised by a police officer below the rank of a superintendent of police uniess he is specially authorised in this beha!f by a police oftl~er of or above the rank of a superintendent of police su~ (4)-1'he amendments are of 8 conmquential naturre sub-claue (5) -in the case of an offence of dishonest or fraudulent misappropriation or conversion of property entru~ted to or under the control of a public servant referred to in clause (c) of sub-section (1) of section 5 of the prevention of corruption act, it is often difficult to describe in the charge the exact dates on which the various items of the property have been so misappropriated or converted to overcome this difficulty and also to avoid multiplicity of proceedings, it is proposed to provide that in such cases, it will be sufficient to describe in the charge the propetty in, respect of which and the dates between which the offence is alleged to have been committed without specifying particular items or exact dates sub-clause (7) -this sub-clause seeks to modify various previsions of the code of criminal procedure in their application to any proceeding in relation to an offence punishable under section 161, section 165 or section 165a of the indian penal code or under section 5 of the prevention of corruption act, 1947 the modifications are for the purpose of ensuring speedy trial of the offences the following are the modifications:-(a) section 251a of the code of criminal procedure which deals with the procedure to be adopted "in the trial of warrant cases instituted on a police report contains necessary provisions to ensure that the accused is supplied with important documents, namely, the documents referred to in section 173 of that code, on which the prosecution wants to rely the reason for this is that the accused should not be taken by surprise the section does not cast a simuar obligation on the accused to furnish to the prosecution a list of witnesses and documents on which he proposes to rely upon in his defence the modification to section 251a is for the purpose of casting such an obligation (b) suitable provision is being made to avoid adjournment or postponement of trials or inquiries on the ground merely that an application for revision fs pending (c) summoning of records and stay of proceedings by revisional courts cause considerable delay in the trial of cases in order to minimise such delay, it is proposed to insert a new proviso in section 435(1) of the code of criminal procedure for the purpose of laying down certain conditions which have to be fulftlled before a record may be ealled for or before the proceedings may be stayed (d) to avoid delay occasioned by absence of the accus-ed, it is proposed to provide that the court may, in its discretion, proceed with the trial or inquiry and record the evidence even in the absence of the accused, while suitably protecting the right of the accused regarding cros!i-examination of the witnesses sub-cla1cfe (8) -the amendment is of a consequential nature clause 7-this elsuse seeks to amend section 6 of the criminal law amendment act for making the new offences provided in the prevention of corruption act, 1947 also triable by special judges clause 7 of the bill seeks to make the new offences relating to bribery end corruption under section 5 of the prevention of corruption act, 1947, triable by special judges this may involve expenditure as it may be necessery to sct up more special courts the expenditure in respect of special courts in the state3 and in the union territories with separate consolidated funds of their own will be met from their respective consolidated funds the expenditure in respect of special courts in the othel union territories, however, wlll be met from the consolidated fund of india the quantum of this expenditure is likely to be smaubut it cannot now be estimated with any degree of accuracy  annexure extracts from the indian penal code, is6()- ,(45 of 1860) - - - - zl the words "public servant" deno~ a person fawng udder any ''publl of the descriptions hereinafter following namely:-servan~" - - - - - third-every judge; fourth-every officer of a court of justice whose duty it 11, as such omcer, to investigate or report 9n any matter or law or fact, or to make, authenticate, or keep any document, w to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorized by a court of justice to perform any of such duties; - - - - - ninth-every officer whose duty it is, as such offtcer, to take, receive, keep or expend any property on behalf of the government, or to make any survey, assessment or contract on behalf of the government, or to execute any revenue-process, or to investigate, or to report, on any matter aifecting the pecunfary interests of the government, or to make, authenticate or keep any document relating to the pecuniary interests of the government, ~ to prevent the infraction of any law for the protection of the pecuniary interests of the government and every officer in the service or pay of the government or remunerated by fees or commission for the performance of any public duty; - -  - - twelfth-every officer in the service or pay of iq local authority or of a corporation engaged in any trade or industry whi~h is established by a central, provincial or state act or of a government com-1 of 1958 pany as defined in section 617 of the companies act, 1956 - - - - - exp14mtion 4-the expression "corporation engaged in any trade or industry" includes a banking, insurance or financial corporation, a river valley corporation and a corporation for supplying power, ught or water to the public - - - - -  chapter ixof offences by or relating to public servants  161 whoever, being or expecting to be a public servant, accepts publ!c';'; or obta!ns, or agrees to accept • or attempts to obtain from any person ~~~t:ca~ for himself or for any other person, any gratification whatever, other tion other than legal remuneration, as a motive or reward for doing ar forbear- than legal ing to do any official act or for showing or forbearing to show, in the :em~era- f hi ffi' 1 f  f di f t hon m resexercise 0 socia unctions, avour or savour 0 any person, t of an or for rendering or attempting to render any service, or disservice ~ial act to rny persons, with the central or any state government or pa:diument or the legislature of any state, or with any public servant, as such, shall be 'punished with imprisonment of either description for a tenn which may extend to three years, or with fine, or with both  ,  ' ~ ~~~~~r a~e~ o~ obtaj~~, or a~ee8 to accept, or attempts ~:ak~~~a_ to oml'lin, from any penon,for· himself ,or for any other' person, any tion, in gratiflcation wootever as a motive or reward for inducing, by corrupt order, by  or nl~(tal means, any public ,!'lervant to do or to forbear to do any ~orrupt or official act, or in the exercise of the official functions of such public illegal t  ' means, 0 servant to show,favour or dlsfavoul' to bnv person, or to rptld'er or in1luence atteul'dt to render' any service or diseervice to any pe~on, with the public ler-central or any state government or parliament 01' the le~s)attjre vant of any state, or with any public servant as such, shall be punished with imprisonment of , either desqription for a term which may extend to three years, or with nne, or with both, "1"1"" co"' ":' "", ';','"f' a '~", ;"' j ', ! i , lu "wboevo1u>~""ho m: obtains,: ar·8<fn>es to -accept or 'attempts' :ra~ t'  ,,--~  5" - ,  il'  llca 101 to,qj)taln, from ",",y person, for himsellf of for any other person, any for exercise ~8tull:;ationwhatev~,:as ,8, mqtive or rewllrd for'inciucing, by the' of personal ex~e ,of  ~r~ll lmlueaee;·,anv:!dublic servant to" do - or influence to~p~~, to do any qftleial act,or in the exerclse of ·the oftletalft1ne- with public tlons of such public servant to show favour or disfavour to any penon~ :serv4nt or to render or attempt to render any service ,or, djsse~ to any p~on with the central or any state government or parliament or the lemslature of any state, or with any public servant as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both , ,'  _ ,    extracts prom the cod~ of crtminal procedure, 1898 (5 of 1898) - - - - -  prosect!-45 of 1880 -,:u!if(l), notwfthstancunlt:adj&1;hitltreontatned in this code, wnen tion tot ai!",(4~' falun! tiilder ~~ xxi ()f the indian  penalcodedefamatio (other than th~ t?~~ @f ~~art1at1on by spoken words) ts alleged against, public ser- to have been committed against the president, or the vice-president, ;::c~nof or the governo~ or rajpramukh of a  state, or a mini~ter, or their con- any other pubbc servant employed in connection with the duct in the affairs of the union or of a state, in respect of his conduct in the disdischar~e charge of his public functions, a court of session may take of p~bhc cognizance of such offence, without the accused being comfunctions mitted to it fbr trial, upon a complaint in writing made by the public prosecutor - - - - - particulars as to time, place and  person procedure to be adopted in zz2 (1) - - - - - (2) when the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum 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 one offence within the meaning of section 234: - - - - - !s1a (1) - - - - cases (8) the accused shall then -be called upon to enter upon his deinstituted on policefence and produce his evidence; and if the accused puts in any written report statement, the magistrate shall file it with the record  power to postpone or adjourn proceeding - - - - -  344 (1) - - - - (la) if, from the absence of a witness, or any other reasonaplo cause, it becomes necessary or advisable to postpone the eommene~ ment of, or adjourn any inquiry or trial, the court may, if it thinks fit, by order in writing, stating the reasons therefor,' from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant r~man~ the accused if in custody:  remand provided that no magistrate shall remand an accused person to custody under this section for a term exceeding fifteen day~ at a time: ~~ provided further that when witnesses are in attendance~ no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing - - - - - w (1) the high court or any sessions judge or district magistrate,or any sub-divisional magistrate empow~ b)' th~ $11l~e gov-power to call for records ;-:  - etnment in this behalf, may call for and examine the record of any ot inproceeding before any inferior criminal court situate within the ferior local limits of its or his jurisdiction for the purpose of satisfying courts itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularityof any proceedings of such inferior court and may, when calling for such record, direct that the execution of any sentence or order be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the recordi - - - -  part ix supplementary provisions chapter xxxviii of the public prosecutor492 (1) the state government may appoint, generally, or in any'power to case, or for any specified class of cases, in any local area, one or more appoint officers to be called public prosecutors public pro secutors  - - - - - 495 (1) any magistrate inquiring into or trying any case may,p muss'on permit the prosecution to be conducted by any person other than an t: cond~ct officer of police below a rank to be prescribed by the state govern-prosecutio1) ment in this behalf, but no person, other than the advocate general, standing counsel, government solicitor, public prosecutor or other officer generally or specially empowered by the state government in this behalf shall be entitled to do so without such permission  - - - - - - - - - - presumption 4 (1) where in any trial of an offence punishable under secwhere public tion 161 or section 165 of the indian penal code, it is proved that an 45 of 1840 ~~ ~d person has accepted or obtairted; "or 'has agreed' to 'accept or :b~,~~n ~pted',to obtain, ,for himself ot' ~or any o~ person,~y gl'at~-lept remu- fication (other than legal remuneration) or any-valuable thmg from neration any person, it shall be presumed -unless the contrary is pl"oved that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification or that valuable thing, as the case'may be, as a motive or reward such as is mentioned' in the said section 161, or,as tbe,~ase maybe, without consideration or for a consideration which he !maws to be 'inadequate (2)' where in any trial' of an offence punishable under section 165a of the indian penal code, it is proved that any gratification 45 of 1860 (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed unles the contrary is proved that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 161 of the indian penal code or, as the case may be, without consideration or for a consideration which he knows to be inadequate - - - - - - 5 (1) a public servant is said to commit the offence of criminal misconduct in the dischatge of his duty-criminal misconduct in discharge of olllieal duty (a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other 45 of 1860 person, any gratification (other than legal remuneration~ u li'mbt1ve or rewatdsuch as is mentioned ill section '161 of the indian penal -code', or ; -- '  - - (2) any public servant who commits criminal miscondjjct inule , discharge 'of his duty shall be puilishable with' lmpii~rm,ent for r'a term which shall 'riot be less -than one year bu~ which ~y- extenq to seven "yeats and shall also be liable to fine: , ' , provided that the court may, for any special reasons recorded in writing, unpose a sentence of imprisonment of less than one 'year  - - & ~ , " '   (2a) where a sentence of fine is imposed under sub-section (2),  , the court, in fixing the amount of fine, shall take into consideration ,the amount or value of the property which the accusedpej:~n has obtained :by committing the offericeofci'iminal misconduct 'o~ \\there the conviction: is based on the presumption undbr' stib-sectio~ '(3~, the pecuniary resources or property referred to in 'that sub-section for which the accused person is unable to account satisfact?ril~ " ' ' (3) in any trial of an o~ence punishable under su~section (2) the lact that the' accused person or any other person on his behalf is in possession, for which the accused person caddot satisfactorily accoiml," of pecuniarr resources or property disproportionate to hit! kdown sources of income may be proved, and on such proof the court shall presume, unless the contrary is proved, that the accused person is guil,~y of criminal misconduct in the disch8irge of his ofbcial duty , and his conviction iherefor shal) not be invalid by reason only that if is based 'solely on such presumption  - - - - - - 5a notwithstanding anything contained in the code of criminal inve&ti88tlod procedure, 1898, no police officer below the rank-' into calel " ,udder this (a) in the presidency-towns of madras and calcutta, of _~ act assistant commissioner of police, ' (6) in the pre~id~ncy-to~n of bombay, of a supeu'iat~ndent of police, una ' , ,'"  ' (c) elsewhere, of a deputy superintendent of police, 45 of 1860 s4iillj investigate any offence punishable under section 161, ~~,io~, 169 or section 160a of the indian penal code or under 'sub~section: (2) of section 5 'of this act, without the order of a presiq~~~,~~~~m~,rr a magistrate of the first class, as the case may be, or make any arrest therefor without a warrant: ' j; -provided that a police officer of the ~lhi special police ~,t~plish­ment, not ,below the rank of ali inspector of pql1<;e" wile) iss~ally l authorized by the inspector-general of police 'of that ~blishment " , '  may, if he has ~easons to believe that, on account of the deiay invoiv  ed in obtaining the order of a magistrate of the first class, any valuable evidence relating to such offence is likely to be destroyed or concealed, investigate the offence without such order; but in every case where he makes such investigation, the police officer shall, as soon as may be, send a report of the same to a magistrate of the first class, together with the circumstances in which the investigation was made s (1) no court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 of the indian penal previous aanction jlcccljary for prosecutiod code, or under sub-section (2) of section 5 of this act, alleged to have 45 of 1860 been committed by" a public servant, except with the previous sanction,-(a) in the case of a person who is employed in connection with the affairs of the union end is not removable from his office save by or with the sanction of the central government, of the central government; - - - - - acewed 7 any person charged with an offence punishable under secre on to tion 161 or section 165 or section 165a of the indian penal code, or 45 of j860-:::i:ss under sub-section (2) of 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: - - - - statement by 8 notwithstanding anything contained in any law for the time bribe siver being in force, a stfltement made by a person in any proceeding against :~j: him a public servant for an offence under section 161 or section 165 of the t? prosccu- indian penal code, or under sub-section (2) of section 5 of this act, 45 of 1860 tlon that he offered or agreed to offer any gratification (other than legal remuneration) or any valuable thing to the public servant, ljhall not subject such person to a prosecution under section 165a of the said code power to appoint peclal judges - - - - - extrcat from the criminal law amendment aer, 1952 (46 of 1952) - - - - - 6 (1) the state government may, by notification in the ofilcfal gazette, appoint as many special judges as may be necessary for such area or areas as may be specified in the notification to try the following offences, namely:-(a) an offence punishable under section 161, section 162 section 163, section 164, section 165 or section 165a of the india~ penal code or sub-section (2) of section 5 of the prevention of 45 of 1860-corruption act, 1947; - - - of 1941 - - - a bill funher to amend the indian panel code, 1860, the code of criminal procedure, 18<}8, the criminal law (amendment) 0idinana:, 1944, the delhi special police establishment act, 1946, the prevention of corruption act, 1947 and the criminal law (amendment) act) 1952• (shrijai sukh lal hathi minister of state in the ministry of h~ affairs) 