Section 18 of The Prevention of Corruption Act, 1988
If from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under section 17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers books in so far as they relate to the accounts of the persons suspected to have committed that offence or of any other person suspected to be holding money on behalf of such person, and take or cause to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist the police officer in the exercise of his powers under this section: Provided that no power under this section in relation to the accounts of any person shall be exercised by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this behalf by a police officer of or above the rank of a Superintendent of Police. Explanation.--In this section, the expressions "bank" and "bankers' books" shall have the meanings respectively assigned to them in the Bankers' Books Evidence Act, 1891 (18 of 1891).
Summary
- This part gives the police the power to look at a bank's records during an investigation.
- Police can check accounts belonging to the suspect or anyone else believed to be holding money for them.
- The police are allowed to take official copies of the bank's records.
- Banks have a legal duty to help the police officer when they use this power.
- Only high-ranking officers, like a Superintendent of Police, can usually use this power.
- A lower-ranking officer can only do this if they have special permission from a Superintendent or higher officer.
Practical examples
FAQ
1. Can police look at a relative's bank account under Section 18 of The Prevention of Corruption Act, 1988?
Yes, under Section 18 of The Prevention of Corruption Act, 1988, police can check any person's account if they suspect that person is holding money for the suspect.
2. Do banks have to cooperate with the police under Section 18 of the corruption act?
Yes, Section 18 of the corruption act says that banks are bound to assist the police officer in using these powers.
3. Can any police officer inspect bank books under Section 18 of the 1988 Act?
No, under Section 18 of the 1988 Act, only officers of or above the rank of Superintendent can do this, unless they give special permission to someone lower.
Test yourself
Q1.Under Section 18 of The Prevention of Corruption Act, 1988, what is the general minimum rank required to inspect bank records?
Q2.What is a police officer allowed to take from a bank under Section 18 of The Prevention of Corruption Act, 1988?
Q3.Which law defines "bankers' books" according to Section 18 of the 1988 corruption law?
Q4.How does Section 18 of The Prevention of Corruption Act, 1988 link to Section 17 of the same Act?