The materials of Section 18 of the Prevention of Corruption Act 1988 was:
1) That the CBI can check the accounts of civil servants and book every banker in so far as they relate to the accounts of those suspected.
2) They can also check the accounts of others suspected of holding money on behalf of civil servants.
3) They can take an official copy of the relevant entry from him.
4) it is mandatory that the bank will help the police (defined in Section 17 and also specifically described in Section 18 of the Prevention of Corruption Act, 1988).
5) The terms mentioned above is not limited to just one bank, but all the banks in which the accused can be expected to keep the account or of any other person suspected of holding money on behalf of civil servants (including outer involved with him in certain cases). It is for that reason that rob cm in all places simultaneously.
6) Section 18 does not say anything about the court lockers Bank documents / letters are given to the CBI officer. They are generally called in court to give evidence of the contents of the book along with bank account.
The need to check appears when cm should investigate the case of disproportionate assets of civil servants under Section 13 (1) (e) of the Prevention of Corruption Act, 1988. The CBI then look for assets (movable and immovable property), cash and belongings valuables owned by himself or others, relatives and friends in her name called ‘Benami Transactions’: or “Benami property”.
The Benami Transactions (Prohibition) Act, 1988 (45 in 1988) came into force 5 September 1988 accompanied by the Prevention of Corruption Act 1988 (49 in 1988) which was passed by Parliament on September 9, 1988. The dates will give you an idea of how these two Acts had been closely related to each other. Benami Transactions (Prohibition) Act, 1988 is the Act to prohibit the transaction Benami and the right to recover property held Benami for matters connected with or incidental extra.
Part 2 of the defining Benami Transactions (Prohibition) Act what Benami transactions stipulated in the Act and what it means properties. Part 3 provides for a ban on Benami transaction. Sections 2 and 3 of Benami Transactions (Prohibition) Act, 1988 is reproduced below:
Section 2. Definitions. -In this Act, unless the context otherwise requires, –
(A) “Benami transaction” means any transaction in which the property is transferred to one person for a consideration paid or provided by another person;
(B) “Assigned” means prescribed by regulations made under this Act;
(C) “Property” means any property, whether movable or immovable, tangible or intangible, and including rights or interests in such properties.
Section 3. Prohibition Benami transactions.-
(1) No person shall make transactions Benami.
(2) Nothing in subsection (1) applies to the purchase of property by any person on behalf of his wife or unmarried daughter and should be considered, unless the contrary is proved, that the said property has been purchased for the benefit of his wife or unmarried child.
(3) Any person entering into any transaction Benami punishable by imprisonment for a term which may extend to three years or with fine or with both.
(4) Notwithstanding anything contained in the Criminal Code of 1973 (2 of 1974), an offense under this section shall be non-cognizable and bailable.
Author: VAMSI KRISHNA GANGINENI,
IFIM LAW SCHOOL 1ST YEAR