Powers Relating to Inquiries: Sections 13 to 16

In one line

Section 13 gives the Commission all the powers of a civil court trying a suit, plus powers to require information and to enter and seize; section 14 lets it use government investigators; section 15 protects a witness; and section 16 guarantees a hearing to anyone likely to be prejudicially affected.

Section 13: the powers of a civil court

The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters:

(a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed.

Note the words all the powers and in particular. The list is illustrative and the grant is general.

13(2), the power to require information. The Commission may require any person, subject to any privilege claimable under law, to furnish information on points the Commission considers useful or relevant, and a person so required is deemed to be legally bound to furnish it within the meaning of sections 176 and 177 of the Penal Code.

That deeming provision is the enforcement mechanism: refusal or false information becomes a penal offence, so the obligation is not merely procedural.

13(3), entry and seizure. The Commission, or any officer not below the rank of a Gazetted Officer specially authorised, may enter any building or place where the Commission has reason to believe a relevant document may be found, and may seize any such document or take extracts or copies, subject to the search provisions of the criminal procedure law so far as applicable.

This is a substantial coercive power and it is the one that distinguishes the Commission from a merely advisory body.

Section 14: investigation

14(1). The Commission may, for conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government, with the concurrence of that Government.

14(2). Such an officer or agency may, subject to the Commission's direction and control, summon and enforce attendance and examine persons, require discovery and production of documents, and requisition public records.

14(4). The officer or agency shall investigate and submit a report within such period as the Commission may specify.

14(5). The Commission shall satisfy itself about the correctness of the facts stated and the conclusion arrived at, and may make such further inquiry as it thinks fit, including examining the persons who conducted the investigation.