Pooja Rani
in Family Law Criminal Law
Asked June 28, 2017

Investigation office not investigating properly case of domestic violence

  • 1 Answer
  • 900 Views

My In laws and my husband killed my unborn baby but because of their money power, police has not included this information in my FIR and has only flodged complaint under Section 498A,406 34 and till now it is under investigation. They pay money to each Investigating officer and then he doesn't do proper investigation. What can I do, please advise.

Answer 1

The foremost action you should take is of collecting sufficient evidence to make a case against the concerned investigating officer. If you can record any voice recording or any video of bribery you should do it immediately. Then you can complain to his superior about his act of corruption. Every department has a corruption cell. If the police station to which your investigating officer belongs does not have a corruption cell, inform his superior. If even he does not take any action, then you have three authorities to whom you can report about the matter.

The three main authorities involved in inquiring, investigating and prosecuting corruption cases are the Central Vigilance Commission (CVC), the Central Bureau of Investigation (CBI) and the state Anti-Corruption Bureau (ACB). Cases related to money laundering by public servants are investigated and prosecuted by the Directorate of Enforcement and the Financial Intelligence Unit, which are under the Ministry of Finance. 

The CBI and state ACBs investigate cases related to corruption under the Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860. The CBI’s jurisdiction is the central government and Union Territories while the state ACBs investigates cases within the states. States can refer cases to the CBI. 

The CVC is a statutory body that supervises corruption cases in government departments. The CBI is under its supervision. The CVC can refer cases either to the Central Vigilance Officer (CVO) in each department or to the CBI. The CVC or the CVO recommends the action to be taken against a public servant but the decision to take any disciplinary action against a civil servant rests on the department authority. [1]

When filing a case with the CVC, you can be rest assured that your identity wont be disclosed as per the Public Interest Disclosure and Protection of Informer (PIDPI) Resolution.

Here's a list of employee categories the Commission can accept complaints against:

• Central government ministries and departments

• Central government public sector undertakings

• Nationalised banks and insurance companies

• Autonomous organisations created through an Act of the Parliament or under the administrative control of Government of India, like All India Institute of Medical Sciences, Port Trusts and Delhi Development Authority

• Centrally administered territories including Delhi, Chandigarh, Daman and Diu and Pondicherry

• Societies and local authorities owned or controlled by the Indian government

Once you are done the above-mentioned steps you should bring this act in the knowledge of the court with a help of a lawyer.

 

 

[1] http://www.prsindia.org/parliamenttrack/discussion-papers/prs-note-on-corruption-laws-1658/)

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