An initiative

of BPRD

For BPRD

Page 1

Procedural simplicity. Accountability. for the purpose of speedy trial of offence. Declaration of cases to Be dealt with under This Act. 2009. Implementation mechanism. Our Suggestion: Section 3 (1) there should not be any discretionary right in the hands of government. 1988 in the State of Bihar. there must be a case to court ratio to execute spirit of the act and must be specified in the statute itself.(1) The State Government shall. 5. Establishment of Special Courts. Deterrence or penal provisions We recommend following amendments: 3.(1) If the State Government is of the opinion that there is prima-facie evidence of the commission of an offence alleged to have been committed by a person.Bihar Special Courts Act. who has held or is holding public and is or has been public servant within the meaning of section 2(c) of the Prevention of Corruption Act. For BPRD Page 2 . a good piece of legislation. by notification. the State Government shall make a declaration to that effect in every case in which it is of the aforesaid opinion. however in our scrutiny on the basis of following principles: 1. and 4. establish as many Courts as considered adequate to be called Special Courts. 3. 2.

Our Suggestion: In Section 5 additional sub-sections must be added to enable citizens to initiate action against corrupt officers also to make it more transparent and participatory there are precedents also in other acts for such measures. Our Suggestion: In Section 5 additional sub-sections must be added to enable power of suo-moto actions by courts also. 15. I would like to take the opportunity to express my thanks to Shri Vinay Sahasrbuddhey. Confiscation of property in certain cases. he may be further directed to give reason when he decides not start investigation.(1) The authorised officer may. after…………… Our Suggestion: In Section 15 an additional clause may be added where authorized officer is under obligation to investigate and confiscate property of corrupt officers where citizen provide information for further investigation. Devendra Sharma For BPRD Page 3 .

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