Legal Question in Criminal Law in India
case u/s17(a) ipc
i am railway employee,arrested by cbi on the ground of telephonic talks taped by them for demanding money.now cbi is investigating for assets and liabilities,the pointis that i do not have any illlegel thing but as a govt servent i am suppose to submit my assets and liabilities every year,which i have not submitted to railways.please guide me what can be done now,how much serious it can be treated by cbi/court
6 Answers from Attorneys
Re: case u/s17(a) ipc
Consequences of non-submission of annual declaration of assets to employer and investigation of disproportionate assets under the Anti-corruption law are different.
For former, there may be a departmental inquiry. For later, there may be a prosecution.
Re: case u/s17(a) ipc
in case you have not submitted your asset and liability account to railways, you may submit now irrespective of the investigations going on by CBI. does CBI has any other proof against you apart from telephonic recording.
Re: case u/s17(a) ipc
cbi has right to ask such submission
Re: case u/s17(a) ipc
You may have to check the railwya manuals for the procedural issues not complied with. However, I fail to understand that when CBI is investigating the issue they may have submitted their claim of the assets held excess by you.
Re: case u/s17(a) ipc
cbi can inquire about your assess ts and if found to be more than from your declared source of income, you can be prosecuted under the PC Act, you can also be prosecuted by the Income Tax department
Re: case u/s17(a) ipc
If your assets are not "disproportionate to your means", there is nothing serious; however, if you have made 'substantial' assets without filing annual property returns, it may turn to be serious. The seriousness/penalty may depend upon facts and circumstances of the case.
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