Report No. 33
3. Suggestion stated.-
The suggestion1 thus expresses the change proposed and reasons for it:-
"From time to time difficulties have been experienced in obtaining information or in securing statements from public servants about corrupt practices which are within their knowledge. While a reluctance on their part to speak about matters which involve them personally can be understood, their apathy and indifference in helping the investigation or enquiry in respect of matters in which they are not involved cannot be appreciated. It has been noticed that even when public servants have knowledge about corrupt practices on the part of other public servants they do not readily give information or evidence.
Even when examined as witnesses they sometimes do not make a full and frank statement but suppress certain points. They may not directly tell lies but this suppression of material facts is equally damaging. In order to check this tendency it would be useful to have provisions in law and in rules to make it incumbent on public servants to give full and true information and evidence about corrupt practices within their knowledge.
With a view to achieving this object it is suggested that a provision be made in the Criminal Procedure Code under which a duty may be cast upon public servants to give assistance and information about the commission of offences under sections 161, 162, 163, 164, 165 and 165A, I.P.C. and under sections 5(2) and 5(3) of Prevention of Corruption Act (Act II of 1947) and also to make it their duty in the course of any enquiry, investigation or trial into any of the above offences to answer truthfully and fully all questions relating to such cases other than questions the answer to which may expose him personally to a criminal charge."
1. Taken from the original suggestion dated 22nd June, 1965 of the Director, Central Bureau of Investigation, contained in the Ministry of Home Affairs' file.
4. The draft amendment proposed in the suggestion1 is also quoted below:-
"Section 44A. Every public servant aware of the commission of offences under sections 161, 162, 163, 164, 165, 165A, I.P.C., and sections 5(2) and 5(3) of Act II of 1947 shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to an authority competent in law to investigate such offences and shall while giving such information truly disclose all the facts and circumstances of the case within his knowledge.
"And in the course of any enquiry, investigation or trial into any of the above offences, it shall be the duty of every public servant to answer truly and fully all questions relating to such case put to him, other than questions, the answer to which shall have a tendency to expose him to a criminal charge."
1. Taken from the original suggestion dated 22nd June, 1965 of the Central Bureau of Investigation contained in the Ministry of Home Affairs' file [S. No. 2 of Law Commission's file No. F. 1(2)/67-L.C.J.
2. Paras. 3 and 4,