Bangladesh Anti-Corruption Commission (ACC) দুর্নীতি দমন কমিশন (দুদক)
The ultimate legal resource on the ACC Act 2004, official rules, and procedures. Your in-depth guide to understanding the powers of দুদক.
1. Understanding the ACC (দুদক): An Overview
The Anti-Corruption Commission (ACC), or দুর্নীতি দমন কমিশন (দুদক), is Bangladesh's apex statutory body for combating corruption. Established as an independent entity under the Anti-Corruption Commission Act, 2004, its primary mission is to prevent corruption and prosecute related offences.
Composition and Independence
The Commission consists of a Chairman and two Commissioners appointed by the President of Bangladesh. They serve a term of five years and can be removed only through the process applicable to a Supreme Court Judge, ensuring their operational independence from executive influence.
Legal Reference: ACC Act, 2004, Sec. 5, 8Core Mandate
- Inquiry and Investigation: To investigate scheduled corruption offences.
- Prevention: To undertake programs to prevent corruption and promote public awareness.
- Review and Recommend: To review existing laws and recommend reforms to combat corruption effectively.
2. Applicable Laws and Regulations
The ACC's functions are governed by a framework of specific laws and rules. These documents provide the legal basis for all its activities, from investigation to prosecution.
Primary Legislation
- The Anti-Corruption Commission Act, 2004
- The Anti-Corruption Commission Rules, 2007
- The Anti-Corruption Commission (Amendment) Act, 2016
- The Anti-Corruption Commission Rules (Amendment), 2019
Supporting Legal Framework
- The Penal Code, 1860 (Specific Sections)
- The Prevention of Corruption Act, 1947
- The Criminal Law Amendment Act, 1958
- The Prevention of Money Laundering Act, 2012
- The Code of Criminal Procedure, 1898
3. The Legal Powers & Authority of the ACC
The ACC Act, 2004, grants the Commission sweeping powers to ensure it can effectively investigate complex corruption cases.
Powers of a Civil Court
During any inquiry or investigation, the ACC can summon witnesses, compel the production of documents, and examine individuals under oath.
Ref: ACC Act, Sec. 19Search, Seizure & Arrest
Authorized officers can search premises, seize evidence, and arrest suspects without a warrant, following CrPC procedures.
Ref: ACC Act, Sec. 20, 21Asset Declaration (Section 26)
The ACC can order any person to submit a detailed statement of their assets and liabilities.
Ref: ACC Act, Sec. 26Asset Freezing & Confiscation
The Commission can petition a court to freeze or confiscate property believed to be acquired through corrupt means.
Ref: ACC Act, Sec. 284. The Complete ACC Process: From Complaint to Conviction
The ACC's operational procedure is a meticulously defined pathway governed by the Act and its Rules. The 2019 amendments significantly streamlined the case-filing process.
-
1
Complaint & Scrutiny
Complaints are submitted to the ACC, where a Complaint Scrutiny Committee (যাচাই বাছাই কমিটি) assesses their merit and jurisdiction. Frivolous or non-scheduled complaints are dismissed.
Ref: ACC Rules, 2007, Rule 3, 5 -
2
Inquiry (অনুসন্ধান)
If a complaint is credible, a formal inquiry is approved. An Inquiry Officer gathers preliminary evidence. This is a pre-case stage, and the accused person may be summoned for a hearing.
Ref: ACC Rules, 2007, Rule 8 -
3
Case Filing (FIR) - Post-2019 Amendment
If the inquiry finds a prima facie offence, the Commission approves case filing. Critically, as per the 2019 amendment, the FIR is now filed by an ACC officer directly at the relevant ACC Integrated District Office, not a police station, granting the ACC full control.
Ref: ACC Rules (Amended 2019) -
4
Investigation (তদন্ত)
After the FIR, a formal investigation begins. The Investigation Officer (IO) collects evidence, records statements, and can make arrests. The investigation must typically be completed within 120 working days.
Ref: ACC Act, Sec. 20; ACC Rules, Rule 10 -
5
Prosecution & Trial
If the investigation yields sufficient evidence, the IO submits a report. With Commission approval, a Charge Sheet (অভিযোগপত্র) is filed in a Special Judge's Court, and the trial commences.
Ref: ACC Rules, Rule 13
5. ACC's Jurisdiction: A Detailed Guide to Scheduled Offences
The ACC's authority is strictly limited to investigating offences listed in the Schedule of the ACC Act, 2004. It's crucial to understand these specific crimes to grasp the scope of the Commission's work.
Offences under the Penal Code, 1860
Sections 161-169: Offences by or relating to Public Servants
This is the core of anti-bribery law, covering acts like public servants taking illegal gratification, accepting bribes to influence official acts, or obtaining valuable items without proper consideration.
Sections 217 & 218: Obstructing Justice
These sections criminalize public servants who knowingly disobey the law or prepare incorrect official records with the intent to save a person from legal punishment.
Section 409: Criminal Breach of Trust by Public Servant
This offence involves a public servant, banker, merchant, or agent who is entrusted with property and dishonestly misappropriates it.
Sections 420, 467, 468, 471, 477A: Fraud and Forgery (Conditional)
These offences (cheating, forgery of valuable securities, using forged documents, falsifying accounts) fall under the ACC's jurisdiction ONLY when they are committed in relation to government property OR by government officials, or officials of banks and financial institutions while discharging their official duties.
Offences under Other Specific Acts
The Prevention of Corruption Act, 1947
All offences under this foundational anti-graft law are included, such as the offence of "criminal misconduct" by a public servant.
The Money Laundering Prevention Act, 2012
The ACC can investigate money laundering offences specifically when they are linked to the predicate offences of bribery and corruption.
Associated Offences
Abetment, Conspiracy, and Attempt
Any act of abetment (Sec 109), criminal conspiracy (Sec 120B), or attempt (Sec 511) related to any of the above scheduled offences is also an offence that the ACC is empowered to investigate.
6. Interacting with the ACC: Your Rights and Legal Obligations
Understanding your legal standing is crucial when dealing with the ACC.
Duty to Comply with Notices
You are legally bound to comply with all ACC notices. The most critical is the notice under Section 26 to submit an asset statement. The 2019 Rules Amendment set the deadline to 21 working days. Failure to comply or providing false information is a criminal offence punishable by up to 3 years in prison.
Ref: ACC Act, Sec. 26(2); ACC Rules (Amended 2019)The Right to be Heard
The law guarantees you a hearing (শুনানীর সুযোগ). You can present your case and evidence both during the pre-case inquiry stage and during the post-FIR investigation. This is a fundamental right of natural justice.
Ref: ACC Rules, 2007, Rule 8 & 117. Frequently Asked Questions (FAQ)
Answers to common questions about the ACC's procedures and authority.
