Section 13:
Powers relating to inquiries.
(1) 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 (5 of 1908), and in particular in respect of the following matters, namely:—
(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.
(2) The Commission shall have power to require any person, subject to any privilege which may be
claimed by that person under any law for the time being in force, to furnish information on such points or
matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the
inquiry and any person so required shall be deemed to be legally bound to furnish such
information within the meaning of section 176 and section 177 of the Indian Penal Code (45 of 1860).
(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially
authorised in this behalf by the Commission may enter any building or place where the Commission
has reason to believe that any document relating to the subject matter of the inquiry may be found, and
may seize any such document or take extracts or copies therefrom subject to the provisions of section
100 of the Code of Criminal Procedure, 1973 (2 of 1974), in so far as it may be applicable.
(4) The Commission shall be deemed to be a civil court and when any offence as is described in
section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code
(45 of 1860) is committed in the view or presence of the Commission, the Commission may, after
recording the facts constituting the offence and the statement of the accused as provided for in the
Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a Magistrate having jurisdiction to
try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint
against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal
Procedure, 1973.
(5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code
(45 of 1860), and the Commission shall be deemed to be a civil court for all the purposes of section 195
and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
1
[(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer
any complaint filed or pending before it to the State Commission of the State from which the complaint
arises, for disposal in accordance with the provisions of this Act:
Provided that no such complaint shall be transferred unless the same is one respecting which the State
Commission has jurisdiction to entertain the same.
(7) Every complaint transferred under sub-section (6) shall be dealt with and disposed of by the State
Commission as if it were a complaint initially filed before it.]
Notes:
1. Ins. by Act 43 of 2006, s.10 (w.e.f. 23-11-2006).