Statutory Powers

Anti- Corruption Act of Bhutan 2011 affords a range of legally enforceable powers to the Commission to be able to deliver its investigation mandate effectively. In addition to the powers, rights and privileges specified in the anti-corruption law, the Commission can also apply such powers, rights and privileges as specified in the Civil and Criminal Procedure Code. 

The powers vested to the Commission is delegated to the officers conducting investigation through a written order issued at time of case assignment. The ACAB 2011 empowers the Commission to; 

  1. Commence an inquiry or investigation on its own motion without complaint or without informing any authority or person.
  2. Compel the attendance of any person for the purpose of oral examination, furnishing a written deposition, taking handwriting and voice samples, providing documents, information, testimonies as it considers relevant to its investigation.
  3. Visit any place, with or without prior notice, and examine any books, accounts, documents or articles relevant to its investigation.
  4. Arrest and remand any person under custody and take photograph, fingerprint and other information of such person.
  5. Grant bail to an arrested person with proper terms and conditions.
  6. Search public or private premises and seize any items of evidential nature. In doing so, the Commission is authorised to use reasonable force to gain access or remove any obstruction hindering the search, including detention of persons found at the premises.
  7. Suspend license or prohibit any person or entities from doing business with the government if there is a prima-facie case of corruption.
  8. Revoke work order, appointment, lease or contractual transaction if found to have been obtained through corrupt means.
  9. Suspend any public servant from their office during its investigation period. 
  10. Use special investigative techniques, whether overt or covert, as it deems appropriate.
  11. Impound travel documents to prevent a person from fleeing while under investigation.
  12. Seize or freeze both moveable and immoveable properties including financial assets which are considered to be subject matter of offence under the law. The Commission may sell or cause to be sold such properties which are susceptible to speedy decay or deterioration or those that cannot be maintained without difficulty.