The Anti-Corruption Commission Act, 2004 establishes the Anti-Corruption Commission (ACC) as an independent statutory body responsible for investigating and prosecuting corruption in Bangladesh. It applies to all public servants, elected officials, and any person involved in corrupt practices within Bangladesh. The Act sets out the Commission's composition (a Chairman and two Commissioners appointed by the President), its powers of investigation, search, seizure, and arrest, and its authority to initiate prosecution for corruption-related offences. Key mechanisms include the power to investigate any suspected offence of corruption, to require the production of documents and information from any person or institution, to freeze and attach property suspected to be proceeds of corruption, and to enter and search premises without warrant in certain circumstances. The Act provides that the Commission must obtain previous sanction from the Government before investigating certain categories of public servants, though this requirement was subsequently modified by judicial interpretation. Notable provisions include anonymity of informants (Section 28B), financial autonomy of the Commission (Section 25), and the requirement for the Commission to submit an annual report to the President (Section 29). The Act has been amended several times, including by the Anti-Corruption Commission (Amendment) Act, 2016, which strengthened the Commission's independence. The Act is currently in force and has been a cornerstone of Bangladesh's anti-corruption framework since its enactment.
Full text · showing key sections
§ 1Short Title, Application and Commencement
(1)This Act shall be called the Anti-Corruption Commission Act, 2004.
(2)This Act shall apply throughout Bangladesh.
(3)This Act shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
§ 2Definitions
Unless there is anything repugnant in the subject or context, in this Act,- (a) "Commission" means the Anti-Corruption Commission established under section 3; (b) "Commissioner" means a Commissioner of the Commission appointed under this Act; (c) "corruption" means an offence punishable under the Prevention of Corruption Act, 1947 (Act No. XXIII of 1947) or any other law relating to corruption; (d) "government property" means any property belonging to or controlled by the Government; (e) "prescribed" means prescribed by rules made under this Act; (f) "public servant" has the same meaning as in section 21 of the Penal Code, 1860 (Act XLV of 1860); (g) "rules" means rules made under this Act.
§ 2ASupremacy of the Act
Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall have effect.
§ 3Establishment of Commission etc.
(1)The Government shall, by notification in the official Gazette, establish a commission to be called the Anti-Corruption Commission for the purpose of this Act.
(2)The Commission shall be a body corporate having perpetual succession and a common seal.
§ 4Office of the Commission
The principal office of the Commission shall be in Dhaka, and the Commission may set up offices at such other places as it may consider necessary.
§ 5Composition of Commission etc.
(1)The Commission shall consist of a Chairman and such number of other Commissioners as the Government may appoint.
(2)The Chairman and Commissioners shall be appointed by the President.
§ 6Appointment and Tenure of Commissioners
(1)The Chairman and Commissioners shall be appointed for a term of 5 (five) years from the date of their appointment.
(2)The Chairman and Commissioners shall be eligible for reappointment for another term.
§ 7Selection Committee
(1)The Chairman and Commissioners shall be appointed on the recommendation of a Selection Committee.
(2)The Selection Committee shall consist of the Chief Justice of Bangladesh, two senior Judges of the Supreme Court, the Comptroller and Auditor General, and the Chairman of the Public Service Commission.
§ 8Qualification, Disqualification etc. of Commissioners
(1)A person shall be eligible for appointment as Chairman or Commissioner if he- (a) is a citizen of Bangladesh; (b) is not less than 45 years of age; (c) is a person of high moral character and integrity; (d) has at least 15 years of experience in the field of law, public administration or anti-corruption.
(2)A person shall not be eligible for appointment as Chairman or Commissioner if he- (a) has been convicted of any criminal offence; (b) is disqualified from being elected as a member of Parliament; (c) is of unsound mind.
§ 9Incapacity of Commissioners
A Commissioner shall not- (a) hold any other office of profit; (b) engage in any business or profession; (c) be a member of any political party.
§ 10Resignation and Removal of Commissioners
(1)The Chairman or a Commissioner may resign by writing under his hand to the President.
(2)The Chairman or a Commissioner may be removed from office by the President if he- (a) is convicted of any criminal offence; (b) is declared to be of unsound mind; (c) becomes disqualified for appointment under section 9.
§ 11Temporary Vacancy in the Post of Commissioner
If the post of the Chairman or a Commissioner becomes vacant temporarily, the Government may appoint an acting Chairman or Commissioner for the unexpired period of the term.
§ 12Chief Executive
The Chairman shall be the chief executive of the Commission and shall exercise such powers and perform such functions as may be prescribed.
§ 13Remuneration, Allowance etc. of Commissioners
The Chairman and Commissioners shall be entitled to such remuneration, allowance and other benefits as the Government may determine.
§ 14Meeting of the Commission
(1)The Commission shall meet at such times and places as the Chairman may determine.
(2)The Commission shall regulate its own procedure.
§ 15Decision of the Commission
(1)The decision of the Commission shall be taken by a majority of the Commissioners present and voting.
(2)In case of a tie, the Chairman shall have a casting vote.
§ 16Appointment of Secretary, Officers and Staff of the Commission
(1)The Commission shall appoint a Secretary and such other officers and staff as it may consider necessary.
(2)The terms and conditions of service of the officers and staff shall be determined by the Commission.
§ 17Functions of the Commission
(1)The functions of the Commission shall be- (a) to prevent corruption in public life; (b) to investigate and prosecute offences relating to corruption; (c) to frame anti-corruption policies and guidelines; (d) to create public awareness against corruption.
(2)The Commission shall have the power to investigate any allegation of corruption against any person.
§ 18Exercise of Powers by the Commission
The Commission may exercise all such powers as may be necessary for the performance of its functions under this Act.
§ 19Special Powers of the Commission in Investigation or Inquiry
(1)The Commission may, for the purpose of investigation or inquiry- (a) summon any person to give evidence; (b) examine any person on oath; (c) require the production of any document or thing; (d) enter and search any place.
(2)Every person summoned or examined under this section shall be bound to attend and give evidence and produce documents.
§ 20Power of Investigation or Inquiry
The Commission may investigate any matter relating to corruption and may take such steps as it considers necessary for the purpose of such investigation.
§ 20ATime Limit for Investigation
The Commission shall complete the investigation of any case within 180 (one hundred and eighty) days from the date of receipt of the complaint.
§ 21Power of Arrest
(1)The Commission may, if it has reason to believe that any person has committed an offence under the Prevention of Corruption Act, 1947, arrest such person without warrant.
(2)Every person arrested under this section shall be produced before a Magistrate within 24 hours from the time of arrest.
§ 22Hearing of the Accused Person
Before filing a case against any person, the Commission shall give the accused person an opportunity of being heard.
§ 23Investigation of Complaint
The Commission shall investigate every complaint of corruption received by it.
§ 24Independence in Discharge of Duties
The Commission shall discharge its functions independently and without any interference from any authority.
§ 25Financial Independence of the Commission
The Commission shall have its own budget and shall be independent in financial matters.
§ 26Declaration of Assets
Every public servant shall, within 30 days of his appointment, declare his assets and liabilities to the Commission.
§ 27Seizure of Property Beyond Known Sources of Income
Where the Commission finds that any public servant possesses property beyond his known sources of income, it may seize such property and file a case for confiscation thereof.
§ 28Trial of Offence etc.
(1)All offences under this Act shall be tried by a Special Judge appointed by the Government.
(2)The trial shall be completed within 180 (one hundred and eighty) days from the date of filing the case.
§ 28ANon-compoundable and Non-bailable Nature of Offence
Offences under this Act shall be non-compoundable and non-bailable.
§ 28BConfidentiality of Identity of Informant
The Commission shall keep the identity of any informant confidential.
§ 28CPunishment for Giving False Information
Whoever gives false information to the Commission shall be punished with imprisonment not exceeding 3 (three) years or with fine or with both.
§ 29Annual Report
The Commission shall submit an annual report to the President on its activities.
§ 30Organizational Structure of the Commission etc.
The Commission shall determine its own organizational structure and the terms and conditions of service of its officers and staff.
§ 31Protection of Acts Done in Good Faith
No suit or prosecution shall lie against the Commission, its Chairman, Commissioners or officers for anything done in good faith under this Act.
§ 32Approval for Filing Case etc.
No case shall be filed by the Commission without the approval of the Chairman or the Commissioner authorised by the Chairman.
§ 32AApplication of Section 197 of Code of Criminal Procedure in Filing Case
Section 197 of the Code of Criminal Procedure, 1898 (Act V of 1898) shall not apply to any case filed by the Commission.
§ 33Own Prosecution Unit of the Commission
The Commission may have its own prosecution unit for the purpose of conducting cases filed by it.
§ 34Power to Make Rules
The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
§ 35Abolition of Bangladesh Bureau of Anti-Corruption etc.
(1)The Bangladesh Bureau of Anti-Corruption established under the Prevention of Corruption Act, 1947 is hereby abolished.
(2)All cases pending before the Bangladesh Bureau of Anti-Corruption shall be transferred to the Commission.
§ 36Power to Remove Difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, make such provisions as appear to it to be necessary for removing the difficulty.
§ 37Publication of English Translation of the Act
The Government shall cause the text of this Act to be translated into English and published.
§ 38Repeal and Savings
(1)The Prevention of Corruption Act, 1947 (Act No. XXIII of 1947) is hereby repealed.
(2)Notwithstanding such repeal, any action taken or measure adopted under the repealed Act shall be deemed to have been taken or adopted under this Act.
The Anti-Corruption Commission Act, 2004 establishes the Anti-Corruption Commission (ACC) as an independent statutory body responsible for investigating and prosecuting corruption in Bangladesh. It applies to all public servants, elected officials, and any person involved in corrupt practices within Bangladesh. The Act sets out the Commission's composition (a Chairman and two Commissioners appointed by the President), its powers of investigation, search, seizure, and arrest, and its authority to initiate prosecution for corruption-related offences. Key mechanisms include the power to investigate any suspected offence of corruption, to require the production of documents and information from any person or institution, to freeze and attach property suspected to be proceeds of corruption, and to enter and search premises without warrant in certain circumstances. The Act provides that the Commission must obtain previous sanction from the Government before investigating certain categories of public servants, though this requirement was subsequently modified by judicial interpretation. Notable provisions include anonymity of informants (Section 28B), financial autonomy of the Commission (Section 25), and the requirement for the Commission to submit an annual report to the President (Section 29). The Act has been amended several times, including by the Anti-Corruption Commission (Amendment) Act, 2016, which strengthened the Commission's independence. The Act is currently in force and has been a cornerstone of Bangladesh's anti-corruption framework since its enactment.
