Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 5 – The Commissions of Inquiry Act, 1952

The Commissions of Inquiry Act, 1952

 

 

5. Additional powers of Commission –

 

(1) Where the appropriate Government is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) should be made applicable to a Commission, the appropriate Government may, by notification in the Official Gazette, direct that all or such of the said provisions as may be specified in the notification shall apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly.

 

(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject-matter of the inquiry 2[and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code, 1860 (45 of 1860)].

 

(3) The Commission or any officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject-matter of the inquiry may be found, and may seize any books of account or documents or take extracts or copies therefrom, subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898 (5 of 1898), in so far as they may be applicable.

 

(4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898 (5 of 1898), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898.

 

(5) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).

 

State Amendment

 

Madhya Pradesh:

 

For section 5, substitute the following section, namely:—

 

“ 5. Additional Powers of Commission .—(1) Where the State Government of opinion that having regard to the nature of the Inquiry to be made and other circumstances of the case, all or any of the provisions of sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) or sub- section (7) should be made applicable to Commission, the State government may, by notification, direct that all or such of the said provisions as may be specified in the notification shall apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly.

 

(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for or relevant to, the subject-matter of the inquiry and any person so required shall be bound to furnish such information.

 

(3) The Commission or any officer, not below the rank of a gazetted officer, specially authorized in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject-matter of the inquiry, may be found, and may seize any such books of account or documents or take extract or copies therefrom, subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898 (Act V of 1898), in so far as they may be applicable.

 

(4) The Commission shall be deemed to be a civil Court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228, of the Indian Penal Code, 1860 (Act XLV of 1860), is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for by the Code of Criminal Procedure, 1897 (Act V of 1898), forward the case to a magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898, (Act V of 1898).

 

(5) If any person, by words either spoken or intended to be read, makes or publishers any statement or does any other act which is calculated to bring the Commission or any members thereof into disrepute, he shall be punishable with simple imprisonment which may extend to two years or with fine or with both.

 

(6) The provisions of section 198B of the Code of Criminal Procedure, 1898 (Act V of 1898), shall apply in relation to an offence under sub-section (5) as they apply in relation to an offence referred to in sub-section (1) of the said section 198B, subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction of the State Government.

 

(7) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Act XLV of 1860).”

 

[ Vide Commissions of Inquiry (Madhya Pradesh Amendment) Act, 1966 (M.P. Act 29 of 1966), sec. 2 (w.e.f. 22-10-1966.]

 

West Bengal :

 

In section 5, in sub-section (3), add the following Explanation , namely:—

“ Explanation .—For the purpose of sub-section (3), any police officer of or above the rank of Inspector of Police shall be deemed to be a gazetted officer.”

 

[ Vide Commissions of Inquiry (West Bengal Amendment) Act, 1980 (W.B. Act 49 of 1980) (w.e.f. 24-1-1981).]

 

After section 5, insert the following section, namely:—

 

5AA. Power to authorise a Commission to try certain offences summarily. —(1) Where the person or, as the case may be, one at least of the persons constituting a Commission appointed by the State Government is a person who is holding or has held the office of a Judge of the Supreme Court or of a High Court or any other judicial office not lower in rank than that of a Sessions Judge and the State Government is of opinion that, having regard to the nature of inquiry to be made and other circumstances of the case, the provisions of this section should be made applicable to such Commission, the State Government may, by notification in the Official Gazette, direct that the provisions of this section apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly.

 

(2) If any stage of a proceeding before the Commission it appears to the Commission that any person appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, the Commission may, if satisfied that it is necessary and expedient in the interest of justice that the person should be tried summarily for giving or fabricating, as the case may be, false evidence, taken cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily, so far as may be, in accordance with the procedure prescribed for summary trials under the Code of Criminal Procedure, 1973 and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or to both.

 

(3) When any such offence as is described in section 175, section 178, section 179 or section 180 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may cause the offender to be detained in custody and may, at any time on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to simple imprisonment for a term which may extend to one month, or to fine which may extend to five hundred rupees, or to both.

 

(4) In every case tried under sub-section (3), the Commission shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence.

 

(5) Any person convicted on a trial held under sub-section (2) or sub-section (3) may appeal to the High Court and the provisions of Chapter XXIX of the Code of Criminal Procedure, 1973, shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

 

(6) The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in sub-section (4) of section 5 but nothing in this section shall affect the power (if any) of the Commission to proceed under sub-section (4) of section 5 in respect of any offence, where it does not choose to proceed under this section.

 

(7) Words and expressions used in this section and not defined in this Act shall have the same meanings as in the Code of Criminal Procedure, 1973.

 

[ Vide The Commissions of Inquiry (West Bengal Amendment) Act, 1974 (W.B. Act 51 of 1974), sec. 6 (w.e.f. 12-12-1974).]

 

COMMENTS

(i) A Commission even though adopts a procedure of legal character and has power to administer an oath, is incapable of delivering a ‘definite judgment’ making it ‘unfit’ for the status of a court, particularly for the purposes of section 195 of Code of Criminal Procedure, 1974; Dr. Baliram Waman Hiraj v. Mr. Justice B. Lentin, AIR 1988 SC 2267.

 

(ii) The Commission does not enjoy the status of an adjudicating body and its inquiry is neither judicial nor quasi-judicial in nature. It is a civil court by fiction of law, for only limited purposes enumerated under the relevant provision of this section; Md. Ibrahim Khan v. Susheel Kumar, AIR 1983 AP 69.

 

———

1. This Act has been extended to—

 

Goa, Daman and Diu by Reg. 12 of 1962, sec. 3 and Sch.

 

Dadra and Nagar Haveli by Reg. 6 of 1963, sec. 2 and Sch. I (w.e.f. 1-7-1965).

 

Pondicherry by Reg. 7 of 1963, sec. 3 and Sch. I (w.e.f. 1-10-1963).

 

2. Ins. by Act 79 of 1971, sec. 7 (w.e.f. 30-12-1971).

 

 

 

Previous | Next

 

The Commissions of Inquiry Act, 1952

 

Indian Laws – Bare Acts

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation