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


Asked on 7/01/09, 8:17 am

6 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 7/02/09, 12:53 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 7/02/09, 2:57 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: case u/s17(a) ipc

cbi has right to ask such submission

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Answered on 7/02/09, 7:18 am
Pranav Desai PD Legal & Associates

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.

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Answered on 7/07/09, 3:22 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

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

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Answered on 7/01/09, 10:49 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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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Answered on 7/01/09, 11:48 am


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