Section 47: Further investigation by Commission

47. Further investigation by Commission (1) Where the Commission proceeds with any further investigation under section 46 (3), the investigation shall be carried out under the responsibility of the Director-General. (2) For the purposes of such investigation, the Director-General may delegate such of his powers as he thinks fit to the Director of the Corruption Investigation Division or to any other officer. (3) In carrying out an investigation under this section, the Commission may conduct such hearings as it considers appropriate and, for that purpose— (a) the hearing shall be conducted by the Director-General or such officer as the Director-General thinks fit; (b) the Chief Legal Adviser, or a member of the Legal Division deputed by the Chief Legal Adviser, shall be in attendance and shall provide legal advice to the Commission; (c) the hearing may be conducted in public or in private as the Director-General may, in his discretion, determine; (d) where the Director-General decides that the hearing shall not be conducted in public, no person shall make any report of the hearing unless he has obtained the prior permission of the DirectorGeneral in writing; (e) any person who is required by the Commission to attend the hearing shall be entitled to be represented by the law practitioner of his choice; (f) where the hearing is conducted by the Director-General, the Director-General may take a deposition on oath or solemn affirmation and may administer the oath or solemn affirmation to any person attending the hearing. (4) Any person who, in the course of a hearing under subsection (3), knowingly makes a statement which is false or misleading in a material particular, shall commit an offence and shall, on conviction, be liable to a fine of not more than 500,000 rupees and imprisonment for a term not exceeding 5 years. P24 – 23 [Issue 1] Prevention of Corruption Act (5) After conclusion of an investigation under this section, the DirectorGeneral shall submit the matter to the Commission for its opinion. (6) After receipt of the opinion of the Commission, the Director-General shall submit a report to the Director of Public Prosecutions which shall include— (a) all the material, information, statements and other documents obtained in the course of the investigation; (b) a description of the articles of evidence which have remained in the custody of the Commission; (c) the recommendations of the Commission. (d) — (7) After consideration of the report submitted under subsection (6), the Director of Public Prosecutions may, where he does not advise prosecution or any other action, require the Commission to conduct such further inquiries as the Director of Public Prosecutions considers fit to advise. [S. 47 amended by s. 17 of Act 24 of 2005 w.e.f 1 October 2005.]