FAQ

• Search operations are conducted as per 60 (3) of CCPC and 101 (1) of ACAB, wherein the warrant permits the ACC to enter the premises only between 7 AM to 5 PM. However, the duration to complete such operations largely depends on the vastness of the dwelling place, often getting extended beyond 5 PM. 
• ACC resorts for detention only if there are imminent risks of tampering evidence/witnesses to the case or risks of flight, which can be only ascertained during the time of interrogation often going beyond office hours.

• Interview is a passive method of soliciting information from the interviewees whereas interrogation is adopted only when an investigator is reasonably confident & certain that the accused has committed the offence. 
• Interviews/interrogations are strictly conducted in accordance with the Guideline on interview and interrogation, which requires the investigators to exercise courtesy to our clients and ensure safety of suspects and witnesses at all times. 
• At all times, investigators concerned are prohibited from embarrassing, condemning & humiliating interviewees. 
• If the suspect is a female, interviews and interrogations are carried out in the presence of a lady officer.
• All interview/interrogation proceedings are recorded, both in audio & video, for future reference. 
• The investigation process is guided by Manuals or Standard Operating Procedures to ensure that due processes of law are fulfilled.

• The interrogation room in the ACC is like any other usual office space with adequate health and safety measures including ventilation, timely meals, water and tea.

The ACC does not use any forms of weapons or firearms in exercise of its mandates and power.

ACC is mandated to detect and investigate any suspected offence, suspected attempt or suspected conspiracy to commit a corruption offence under Chapter 4 of ACAB. Therefore, the rule is applicable to all regardless of one’s position or background or status.

• Depending on the Evidentiary Test and Public Interest Test, only about 50 – 70 percent of the total cases investigated are referred for prosecution. 
• Rest of the cases are either sent for disciplinary action or dropped.

• The prosecutorial mandate entirely lies with the Office of the Attorney General. However, the ACC prosecutes only in case if there is reasonable belief that there are conditions favoring the criteria stipulated under Section 128 (3) of ACAB. 
• This Section has been rendered constitutional by the Supreme Court and desirable as a means to ensure checks and balance in a democratic set up.

• As far as possible, the investigation report includes all the relevant evidence gathered during the time of investigation.  Moreover, investigators concerned are required to maintain a daily log in their investigation diary of every proceedings to ensure due diligence in gathering evidence.
• Investigators are always reminded not to have investigation biases in their training. Further, the investigation reports are vetted thoroughly to avoid reporting of any such biases, among others.

It is critical to ensure due process of law in a criminal investigation to safeguard the integrity of the case. The ACC initiates investigation in strict accordance with the Standard Operating Procedures regardless of whether the case is in the public or private sector.

• Every investigation team is being assigned with a Legal Officer to provide legal services and counsel on the case. 
• Legal Officers in the ACC are mandated to conduct legal vetting on every case against all relevant legal provisions to ensure that the case fulfills evidentiary & public interest test for prosecution.

• ACC is a constitutionally independent body with the constitutional mandate to take all necessary steps to prevent & combat corruption.
• Section 6 of ACAB provides full operational independence and is not subjected to any direction or control of any person or authority.
• ACC has institutionalized internal standard processes/procedures to minimize such interference, wherein every investigation of a case is conducted in a team composed of two Investigators and a Legal Officer. 

​​Irrespective of the source of information, all complaints are required to be processed through the two tier complaints evaluation system. Only after qualifying the minimum benchmark on pursuable parameters, the complaints are decided either for administrative action/sensitization or information enrichment or investigation or dropped.

• ACC can only suspend public servants during investigation if there are eminent risks of continuing malfeasance, influencing investigation, destroying/tampering evidence and/or manipulating evidence. However, if the public servant is under arrest and detention, it is automatically suspended. Further, no public or elected public servant can be suspended unilaterally by the ACC beyond a period of 12 months & 90 days respectively, during the investigation.
• After the investigation, suspension of public servants is done by relevant public agencies. The ACC only informs relevant agencies to consider suspension once formal criminal charges are filed in the Court by the Office of the Attorney General. 
• Public agencies concerned are mandated to consider suspension based on the factors such as continuance of office will prejudice the trail or subvert the discipline in office, likely to end in official’s conviction, dismissal, removal, or compulsory retirement, whether the charge is connected with the official position of the public servant, among others.

ACC freezes only those immovable properties that are subject matter of corruption offence to prohibit from entering into dealing with such properties. However, considering the practical challenges, the ACC issues seizure notice that prohibits future transaction of the impugned property and does not restrict it from being used.