The Anti-Corruption Commission (ACC), also known as Dudok, investigates offences listed in the schedule to the Anti-Corruption Commission Act, 2004. This guide explains how ACC cases in Bangladesh progress from inquiry and investigation to trial, and how the Dudok investigation process fits into those stages. Offences listed in the schedule to the Criminal Law Amendment Act, 1958 are tried by a Special Judge.
What the ACC does
The ACC is an independent body that inquires into and investigates corruption and the other offences listed in the schedule to its Act. It may also deal with related offences, such as money laundering under the Money Laundering Prevention Act, 2012, where the law gives it that authority.
Stages of a case
- Complaint or information. The ACC may start from a complaint or on its own information.
- Inquiry. The ACC examines whether the allegation has substance. People may be asked to give information or documents.
- Notice to submit an asset statement. In asset cases, the ACC may issue a notice asking a person to submit a statement of assets and explain their source (Section 26(1)).
- Case and investigation. If the inquiry finds enough ground, a case is filed and an investigation officer investigates.
- Charge sheet or final report. The investigation ends with a charge sheet or a final report.
- Cognizance and charge. The Special Judge takes cognizance, hears the parties on framing of charges, and proceeds to trial.
- Trial and judgment. The trial follows the Criminal Law Amendment Act, 1958 and the Code of Criminal Procedure, 1898.
Common allegations
- Possession of assets disproportionate to known sources of income and failure to explain them (Sections 26(2) and 27(1) are often cited in such cases).
- Bribery, misappropriation and abuse of official position under the Penal Code and the Prevention of Corruption Act, 1947.
- Money laundering, often charged together with the above.
Appeal and revision
A convicted person may appeal to the High Court Division under Section 10(1)(a) of the Criminal Law Amendment Act, 1958. Certain interim orders can be challenged by revision under Section 10(1A).
Practical points for an accused person
- Respond to ACC notices on time, and keep records of income, tax returns and property documents.
- Consult an Advocate before giving any written statement.
- Do not destroy or alter documents.
FAQ
Is an ACC inquiry the same as a case? No. An inquiry is a preliminary stage. A case is filed later if the ACC finds sufficient ground.
Which court tries ACC cases? A Special Judge appointed under the Criminal Law Amendment Act, 1958.
Can an ACC case be challenged? Yes, through bail, further investigation applications, quashment and appeal, depending on the stage.
This article gives general information only and is not legal advice for any specific case.