Anti-Corruption Commission দুর্নীতি দমন কমিশন (দুদক)
The definitive legal resource for the ACC Act 2004 and the 2025 Amendment Ordinance. A complete guide to "Dudok" operations, filing complaints, and new laws against financial crimes in Bangladesh.
Key Takeaways: 2025 ACC Updates
- Structure: Expanded to 5 Commissioners (1 Female, 1 ICT Expert).
- Direct FIR: ACC can now file cases immediately without inquiry.
- Investigation Time: Strict 120 days; extensions only in exceptional cases.
- Stock Market: Insider Trading is now a scheduled corruption offence.
- Undercover: New power to conduct secret inquiries (গোপনীয় অনুসন্ধান).
- Jurisdiction: Applies to all Bangladeshi citizens globally.
Institutional Overview & 2025 Updates
The Anti-Corruption Commission (ACC), widely known in Bangladesh as দুদক (Dudok), is the independent statutory body created by the Act of 2004 to prevent corruption. The 2025 Amendment Ordinance (No. 79) has radically restructured the Commission to ensure broader representation, accountability, and power.
New Composition (5 Members) 2025
The Commission has been expanded from 3 to a maximum of 5 Commissioners to diversify expertise. The statutory requirements now mandate:
- 1 Chairman appointed by the President.
- At least 1 Female Commissioner to ensure gender representation.
- At least 1 Commissioner with ICT expertise to handle digital crimes.
- Commissioners hold a fixed 5-year term.
Global Jurisdiction Sec 1(2A)
The 2025 Amendment removes ambiguity regarding territorial limits. The Act now applies to:
- Every Bangladeshi citizen anywhere in the world.
- Non-citizens residing in Bangladesh.
- Foreign actors committing scheduled offences from abroad that target Bangladesh.
New: Financial Independence & Accountability (Sec 25 & 29)
Financial Autonomy: Under the amended Section 25, the government must allocate a specific budget to the ACC. Once allocated, the ACC does not need government permission to spend from approved heads, granting it operational financial freedom.
Transparency: Section 29 now mandates the ACC to publish a Biannual Report on its website for the public, detailing the number of complaints, investigations, and money laundering cases, ensuring citizens can track its performance.
Legal Framework
The ACC operates under a specific set of laws. The 2025 Ordinance is now the controlling legal text for recent procedural changes, while the Penal Code and 1947 Act define the core crimes investigated by "Dudok."
Procedural Laws (How ACC Works)
- ACC (Amendment) Ordinance, 2025: The latest governing document introduced in December 2025.
- ACC Act, 2004: The founding statute establishing the Commission.
- ACC Rules, 2007: Details the step-by-step methodology for inquiries and investigations.
Substantive Laws (What Defines Crimes)
- Money Laundering Prevention Act, 2012: Covers laundering of bribery/corruption proceeds.
- The Penal Code, 1860: Sections 161-169, 409, 420 (for public servants).
- Prevention of Corruption Act, 1947: Foundational anti-bribery law.
Updated Powers & Authority
The 2025 Amendment has equipped "Dudok" with modern intelligence-gathering tools and explicit authority to manage seized assets, addressing previous gaps in the law.
Undercover Inquiry New
Section 2(kh-kh) & 20AA: The ACC is now legally authorized to conduct "Undercover Inquiries" (গোপনীয় অনুসন্ধান). Officers can conceal their identity to observe suspects, infiltrate networks, and collect raw intelligence before formally revealing themselves. This is crucial for catching "red-handed" bribery and complex money laundering schemes.
Asset Management New
Section 17(1)(cha): Previously, seized assets often depreciated or were damaged due to lack of management. The 2025 Amendment explicitly empowers the ACC to manage, maintain, and preserve the value of frozen or confiscated assets (e.g., factories, vehicles, bank accounts) pending trial outcomes.
Asset Declaration (Internal & External)
Section 26: The power to demand asset statements is a core tool. The 2025 Amendment adds Subsection (3), which explicitly applies this power to the ACC's own officers and employees. This ensures that the "watchdogs" are also subject to the same scrutiny regarding illicit wealth.
Arrest Without Warrant
Section 28A: This section declares all scheduled offences as Cognizable and Non-Bailable. This legal classification grants ACC officers (and police, where applicable) the authority to arrest suspects without a warrant if there is credible information or reasonable suspicion of a crime.
Procedure: Direct FIR & Timelines
The most significant procedural change in 2025 is the introduction of the Direct FIR mechanism, allowing the ACC to bypass the preliminary inquiry stage for clear-cut cases.
Complaint Scrutiny
All complaints received (via mail, hotline, or offices) are vetted by a Scrutiny Committee (যাচাই-বাছাই কমিটি) to ensure they fall within the ACC Schedule. Frivolous complaints are discarded here.
Decision: Inquiry vs Direct FIR Sec 20AA
Standard Path: Inquiry (অনুসন্ধান)
The default process. An Inquiry Officer is assigned to verify vague or complex allegations. The suspect is usually summoned for a hearing to explain their side.
Fast Track: Direct FIR (সরাসরি এজাহার)
No inquiry needed. A case is filed immediately if:
- Information comes from a formal Court Order.
- Information comes from a Government Administrative Letter.
- Specific, verified info is received from a specific person (approved by Head Office).
Investigation (তদন্ত) & Timeline
Once the FIR is filed, the Investigation Officer (IO) has full police powers to arrest and seize.
2025 Timeline Update (Sec 20A): The investigation must be completed within 120 working days. Previously, extensions were routine. Now, the extra 60-day extension is granted only in "special and exceptional circumstances", aiming to reduce case backlogs.
Trial at Special Judges Court
The Charge Sheet is filed. To speed up justice, Section 4(2) mandates that wherever an ACC office is established, the government must set up a Special Judges Court nearby, eliminating the need to transfer prisoners or files long distances.
Scheduled Offences: Expanded Scope
The ACC can only investigate offences listed in its Schedule. In 2025, this list was expanded to include white-collar crimes that threaten the national economy, specifically in the stock market.
New Addition: Capital Market Crimes
Under the amended Schedule (Clause 'Gha'), the ACC now has jurisdiction over offences defined in the Money Laundering Prevention Act, 2012 regarding the share market:
Existing Key Offences
Bribery & Illegal Gratification
Penal Code Sections 161-169. Covers public servants taking money, gifts, or valuables without adequate consideration.
Criminal Misconduct & Breach of Trust
Penal Code Sec 409 & Prevention of Corruption Act 1947. Misappropriation of government funds or property entrusted to a public servant or banker.
Money Laundering
Laundering the proceeds of corruption and bribery. The ACC investigates the "predicate offence" of corruption and the subsequent laundering.
Rights, Duties & Pardons
Dealing with the ACC requires knowledge of your rights. The 2025 Amendment introduces a strategic "Plea Bargain" mechanism to encourage the return of stolen assets.
Right to Pardon (Plea Bargain) Sec 28(4)
A groundbreaking addition for asset recovery. If an accused person during the trial:
- Confesses to the crime; AND
- Agrees to return the embezzled money or pay the fine/compensation;
The Special Judge may, in the interest of justice, grant a full or partial pardon from the imprisonment sentence. This incentivizes the return of stolen state funds.
Jail Gate & Custody Hearings
Section 28(1): The law now explicitly empowers the Special Judge to hear applications regarding interrogation at the Jail Gate or police custody. This clarifies the legal process for remand hearings in corruption cases, ensuring judicial oversight.
Duty to Comply (Asset Notices)
Section 26: You must strictly comply with ACC notices. If you receive a notice to submit an asset declaration:
1. You must submit it within 21 working days.
2. Submitting false information or failing to submit is a separate non-bailable offence punishable by up to 3 years in prison.
