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Union of India - Section

Section 5A in Prevention of Corruption Act, 1947

5A. Investigation into cases under this Act.

(1)Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no police officer below the rank : -
(a)in the case of the Delhi Special Police Establishment, of an Inspector of Police;
(b)in the presidency-towns of Calcutta and Madras, of as Assistant Commissioner of Police;
(c)in the presidency-town of Bombay, of a Superintendent of Police; and
(d)elsewhere, of a Deputy Superintendent of Police, shall investigate any offence punishable under Section 161, Section 165, or Section 165A. of the Indian Penal Code or under Section 5 of this Act, without the order of a Presidency Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant :
Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Presidency Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant :Provided further that an offence referred to in clause (e) of sub-section (1) of Section 5 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police.
(2)If, from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under sub-section (1) and considers that for the purpose of investigation or inquiry into such offence it is necessary to inspect any bankers' books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers, books in so far as they relate to the accounts of the person suspected to have committed that offence or of any other person suspected to be holding money on behalf of such person, and take or cause to be taken certified copies of the relevant entries there from, and the bank concerned shall be-bound to assist the police officer in the exercise of his powers under this sub-section :Provided that no power under this sub-section in relation to the accounts of any person shall be exercised by a police below the rank of a Superintendent of Police, unless he is specially authorised in this behalf by a police officer of or above the rank of a Superintendent of Police.Explanation. - In this sub-section, the expressions "bank" and "bankers" "books" shall have the meanings assigned to them in the Bankers' Books Evidence Act, 1891.