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Which of the following provisions are applicable to the Central Vigilance Commission?1. Chapter XXXVIII of the BNSS 2023 with regard to offences affec
Question

Which of the following provisions are applicable to the Central Vigilance Commission?
1. Chapter XXXVIII of the BNSS 2023 with regard to offences affecting the administration of justice
2. Judicial proceedings under Section 229 of the BNS 2023.
3. Proceedings under Section 267 of the BNS, 2023.
Select the correct answer using the code given below:

A.

1 only

B.

1 and 2 only

C.

1 ,2 and 3

D.

2 and 3 only

Correct option is C

The correct answer is (c) 1, 2 and 3.

Explanation

The Central Vigilance Commission (CVC) is a statutory body governed by the Central Vigilance Commission Act, 2003. Section 11 of this Act provides the Commission with certain powers of a civil court to ensure it can effectively conduct inquiries. With the replacement of the old criminal laws (IPC and CrPC) by the new laws in 2023, these provisions are now mapped as follows:

  • Statement 1 is correct: Under Section 11(3) of the CVC Act, 2003, the Commission is deemed to be a civil court for the purposes of Chapter XXVI of the CrPC, 1973. With the implementation of the new criminal procedure code, this corresponds to Chapter XXXVIII of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which deals with offences affecting the administration of justice (like perjury).
  • Statement 2 is correct: Section 11(3) also states that every proceeding before the Commission is deemed a "judicial proceeding" within the meaning of Section 193 of the IPC. This section has been replaced by Section 229 of the Bharatiya Nyaya Sanhita (BNS), 2023, which provides punishment for giving or fabricating false evidence in a judicial proceeding.
  • Statement 3 is correct: The CVC Act similarly references Section 228 of the IPC regarding intentional insult or interruption to a public servant sitting in a judicial proceeding. This is now covered under Section 267 of the Bharatiya Nyaya Sanhita (BNS), 2023.

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