Core

           

Frequently Asked Questions

 

F.A.Qs

 

S.L

Questions

Answers

1

Vigilance Bureau works against what type of people or Organization?

            Vigilance Bureau works against all corrupt public servants who  work under the govt. of Jharkhand. Vigilance Bureau can also take action against government departments/organization / semi government organization’s/N.G.O.s and other institutions, which  directly or indirectly, uses  government funds.
                       Vigilance Bureau can take action against those people who abet or conspire with a govt. servant for taking undue advantage of Govt. officials  for personal gain.

 2

How does Vigilance Bureau works against the government servant, who is asking for bribe?

Whenever a public servant asks for bribe or illegal gain from any person, against any service or work/ favor  which is pending before him, then that person can make a complain to the  Vigilance Bureau. The complaint has to be lodged against the government servant who was asking for bribe. After secret verification, Vigilance Bureau works against the corrupt govt. servant.

3

Whether Vigilance Bureau provides money to the complainant, to trap a corrupt government servant? If the money is provided by the complainant, then how he gets his money back and how much time it takes?

Vigilance Bureau never provides any money to any complainant to trap a corrupt government servant. The amount used for trap is made available by complainant. The matching amount is returned by Vigilance Bureau to complainant shortly after laying the successful trap.

 

4

Is it necessary for a person to physically approach to the VIGILANCE BUREAU for providing information/ or lodging a complaint about the crime .

 Not at all. VIGILANCE  BUREAU can be approached by sending the information/complaint by post, e-mail, SMS from a mobile phone or by making a phone call.

5

Can you post some general guidance for approaching the VIGILANCE BUREAU for the registration of crime?

VIGILANCE  BUREAU is a specialized agency meant for investigation of crime relating to Corruption by Public Servants under the control of the State Government, serious economic offences and frauds . VIGILANCE  BUREAU does not take up investigation of general and routine nature of crime as the Police forces of the State and Union Territories are meant to investigate such crime.
As far as crime of corruption by Public Servants of the State Government is concerned, any individual can approach VIGILANCE  BUREAU. Any one can be approached for providing information about serious economic offences .As stated above; local Police in the State should be approached for registration of crimes of general and routine nature. This does not mean that they should not be approached for registration of serious offences. It is only meant to say that VIGILANCE  BUREAU should not be approached for general and routine nature of Economic and Special offences.

6

What types of Crime VIGILANCE  BUREAU investigates  today?

VIGILANCE  BUREAU has grown into a multidisciplinary investigating agency over a period of time. Today Vigilance  Bureau investigates following types of crime:- 
(i) Anti-Corruption - Investigation of cases under the Prevention of Corruption Act, 1988 against Public officials and the employees of state Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of Jharkhand. 
(ii) Economic Offences  - Investigation of major financial scams and serious economic frauds,
(iii) Trap Cases -   In departments &works of state govt. ,                             public sector undertaking, corporation or bodies owned or controlled  by     state govt.

7.

Can VIGILANCE  BUREAU suo-moto take up investigation of any crime anywhere in the State?

The VIGILANCE  BUREAU can investigate such a crime in the State only with the consent of the  State Government. The High Court and Vigilance Court, however, can order VIGILANCE BUREAU to investigate such a crime anywhere in the  State. 

8

Is it necessary to mention one's identity for giving information/complaint to VIGILANCE  BUREAU?

Yes, it is. In accordance with the guidelines formulated by the Vigilance  Department, VIGILANCE  BUREAU does not entertain anonymous/pseudonymous information/complaint.
Having said this, the informant/complainant can however, always request to keep their identity secret. VIGILANCE  BUREAU takes all the necessary precautions ensure that identity of such persons is kept secret , But if the information is very specific and the Bureau feels that the matter can be enquired than it can do without trying to know the identity of the informant.

 

9

.  What is a 'trap'? We often read in newspapers that VIGILANCE  BUREAU has caught a public servant in a “trap”.

VIGILANCE  BUREAU lays great emphasis on catching corrupt public servants who demand and take bribes. A set procedure has been devised in VIGILANCE  BUREAU. The process of catching such corrupt public servants red handed while they demand and take bribes is popularly called the 'trap'.

10

Who provides the money used for laying the trap?

The money has to be provided by the complainant. Vigilance Bureau does not provide money for laying trap.

11

What happens to the money of the complainant that is  provided for laying the trap?

Such money is an important piece of evidence against the accused, to be used in the court during trial. It is seized by VIGILANCE  BUREAU and put up in the court along with the charge sheet. After completion of trial, court orders return of the money to the complainant. The money is, therefore, eventually returned to the complainant after completion of the trial.
However, keeping in view the hardships, which may be faced by the complainant because of the deposition of the money in the court, VIGILANCE  BUREAU has devised a procedure for refunding an equivalent amount of money to the complainant after filing of the charge sheet. This is done in after observing certain formalities including obtaining  an application to the ADG Vigilance by the complainant for refunding the money.

12

If the complainant is so poor that he cannot arrange bribe money, does it mean that no action can be taken against a corrupt public servant, who demands bribe?

Certainly not. Action can be taken in such situations also. As per section 7 of the Prevention of Corruption Act, 1988, sheer demand of bribe is a punishable offence. That is to say that acceptance of bribe is not a mandatory requirement to prosecute a public servant. If it can be proved in the court by way of collection of evidence that the public servant had demanded bribe for an official act, the public servant can be convicted.
Laying of the trap is just a means of collection of strong evidence to prove the guilt. It is preferred because it facilitates collection of good evidence and makes a  perfect case. In the absence of trap, it is difficult to collect evidence of demand of bribe. It, however, does not mean that laying of trap is mandatory and nothing can be done in the absence of a trap.

13

We have often heard that not only bribe taking but bribe giving is also an offence under the law. In that case is not the complainant who hands over the bribe amount to the accused for laying trap is also an accused?

Certainly bribe giving is also an offence as per section 12 of the Prevention of Corruption Act, 1988, but only when it is given voluntarily. The law however, protects such persons who complaint to the law enforcement agencies soon after demand of bribe by a public servant, even if they had agreed to the demand. Section 24 of the Prevention of Corruption Act, 1988 provides such protection and acts of the complainant during the process of laying of trap. No action can, therefore, be taken against complainants in such matters.

14

What should an honest public servant do, when he is offered bribe by a person?

 

 

As mentioned in answer to question no. 19, voluntarily giving or offering bribe is also a punishable offence under section 12 of the Prevention of Corruption Act, 1988. In such a case the honest public servant should inform the VIGILANCE  BUREAU as soon as such an offer is made by a person. In fact such a bribe giver can also be caught red handed by laying a trap on the complaint of an honest public servant.
The honest public servant shall, therefore, take steps to get such persons punished, rather than ignoring or just reprimanding them. This will deter the unscrupulous elements from bribe giving.

15

 

 

It is often heard, that public servants in higher positions don't demand or take bribes directly but through the touts or middlemen. Does VIGILANCE  BUREAU take action against such touts or middlemen also?

Most certainly. Sections 8 & 9 of the Prevention of Corruption Act, 1988 punish such touts/middlemen. On getting information/complaints against such touts/middlemen, VIGILANCE  BUREAU lays trap against them with the help of the complainant or otherwise. Further VIGILANCE  BUREAU attempts to gather evidence against the concerned public servant also on whose behalf the touts/middlemen are active. Such a public servant is also punishable under section 10 of the Prevention of Corruption Act, 1988.
VIGILANCE  BUREAU requests the general public to provide information about such known touts/middlemen, who are active in many public offices of the State Government. VIGILANCE  BUREAU takes steps to verify such information at its own level and ensure action against such touts/middlemen even without a complainant.

16

Are there cases, when VIGILANCE  BUREAU has simultaneously taken action against the willing bribe giver and the bribe taker?

Yes, If VIGILANCE  BUREAU receives information about a willing bribe giver and bribe taker from any genuine source before the bribe is actually handed over, it verifies such information and lays a trap to catch both the bribe giver and bribe taker red handed.

 

17

We often see across ourselves corrupt public servants leading a lavish life style and having possessions much beyond their means. Can VIGILANCE  BUREAU take action against such public servants?

Most certainly. Possession of assets and incurring expenditure, which are beyond the known source of income of a public servant, is punishable under section 13 of the Prevention of Corruption Act, 1988. VIGILANCE  BUREAU requests the citizens to provide specific details about assets and expenditure of such public servants. Providing general and vague information, however, does not help. Upon receiving such specific details, VIGILANCE  BUREAU conducts discreet verification of the same and conducts raids at the premises of such public servants after registration of a criminal case, if the information is found as correct.

 

 

18

Does VIGILANCE  BUREAU give cash reward to the informants?

No. There is no such policy in VIGILANCE  BUREAU. No cash reward is given to a person who provides information about a crime.

19

Is there an internal Vigilance  set up in VIGILANCE  BUREAU?

Yes. VIGILANCE  BUREAU has a very strong internal Vigilance  set up for keeping watch over the conduct of its own personnel. In VIGILANCE  BUREAU there is zero tolerance about issues of integrity of its personnel. This can be gauged from the fact that the Bureau does not hesitate in registering criminal cases against its own personnel when instances of corruption by them are found.

 

20

What is the difference between the nature of the cases investigated by the State Bureau of Investigation (CBI)and the VIGILANCE  BUREAU?

The CBI has been constituted  mainly for investigation of incidents of crime of corruption, economic offences and serious and organized crime within the  whole country and abroad with the help of Interpol, whereas VIGILANCE  BUREAU investigates crime of corruption, economic offences and serious and organized crime  only within the state of Jharkhand.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

21

Why does VIGILANCE  BUREAU take so much time in investigation of cases?

VIGILANCE  BUREAU conducts investigations in the most professional manner. It lays great emphasis in use of science and technology during investigations. It requires evaluation of evidence by Forensic Laboratories and other experts such as Government Examiners of Questioned Documents (GEQDs). This often takes time. In addition to above, there is multi-layer supervision in VIGILANCE  BUREAU. The evidence collected is analyzed threadbare both by executive officers and law officers at multiple levels. Because of all these factors, VIGILANCE  BUREAU investigations often take time.
Having said this, it is important to clarify that investigation of trap cases are generally finished within a period of one to three months. Of late a great emphasis is being laid on VIGILANCE  BUREAU to complete investigations at the earliest. It has been decided that investigation shall be completed within a period of one year.

 

 

22

Can VIGILANCE  BUREAU take over the investigation of a criminal case registered by the State Police?

                     Yes, it can, in the following situations 
(i) The  State Government makes a order to that effect , 
(ii) The  High Court /Vigilance court  orders VIGILANCE  BUREAU to take up such investigations