CBI seeks categorical sentencing guidelines in graft cases

CBI Director Anil Sinha said investigations into corruption cases and complex financial crimes pose newer and multiple challenges.

New Delhi: CBI is likely to seek categorical sentencing guidelines in case of conviction in corruption cases to ensure deterrence.

CBI Director Anil Sinha on Thursday said a report in this regard will be submitted to the government soon.

It was agreed during the XXI Annual Conference of state Anti Corruption Bureaux and CBI that such a measure is necessary to ensure predictability in imprisonment and ensure consequent deterrence.

"The importance of targeting proceeds of crime and depriving the corrupt of the same was agreed to be a most effective method to tackle corruption. In this regard, the effectiveness of non-conviction based forfeiture was emphasised," Sinha said about the deliberations.

The CBI Chief said that during the discussions it was highlighted that Indian laws only provided for maximum and minimum punishment with/without fine for different acts of corruption.

"In the absence of any sentencing guidelines, the judicial authorities do not have enough legal provisions to factor in the consequences of corruption. Accordingly, it was agreed to suggest to the government to have a categorical sentencing guidelines to ensure predictability in imprisonment and ensure consequent deterrence," Sinha said.

He said investigations into corruption cases and complex financial crimes pose newer and multiple challenges.

"There is a growing emphasis worldwide not only on prosecuting offenders but also on recovering the proceeds of crime...This requires acquisition of new capabilities by law enforcement and also reviewing the existing Standard Operating Procedures," he said.

Sinha said Information Technology has also radically changed the way people work, communicate and interact.

"It has also altered the way crimes are being committed. The extreme flexibility of digital infrastructures allows offenders to conceal identities, move funds across multiple jurisdictions," he said.