The Commissions of Inquiry Act, 1952
# THE COMMISSIONS OF INQUIRY ACT, 1952
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 ARRANGEMENT OF SECTIONS
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SECTIONS

1. Short title, extent and commencement.
2. Definitions.
2A. [Omitted.]
3. Appointment of Commission.
4. Powers of Commission.
5. Additional powers of Commission.
5A. Power of Commission to utilise the services of certain officers and investigation agencies for

conducting investigation pertaining to inquiry.

5B. Power of Commission to appoint assessors.
6. Statements made by persons to the Commission.
6A. Persons not obliged to disclose secret process of manufacture of goods in certain cases.
7. Commission to cease to exist when so notified.
8. Procedure to be followed by the Commission.
8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the

Commission.

8B. Persons likely to be prejudicially affected to be heard.
8C. Right of cross-examination and representation by legal practitioner.

9. Protection of action taken in good faith.

10. Members, etc., to be public servants.
10A. Penalty for acts calculated to bring the Commission or any member thereof into disrepute.
11. Act to apply to other inquiring authorities in certain cases.
12. Power to make rules.

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# THE COMMISSIONS OF INQUIRY ACT, 1952

 ACT NO. 60 OF 1952[1]

[14th August, 1952.]

# An Act to provide for the appointment of Commissions of Inquiry and for vesting such
 Commissions with certain powers.

BE it enacted by Parliament as follows:—

**1. Short title, extent and commencement.—(1) This Act may be called the Commissions of**

Inquiry Act, 1952.

2[(2) It extends to the whole of India:

3*  -  -  - *]

(3) It shall come into force on such date[4] as the Central Government may, by notification in the

Official Gazette, appoint.

**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “appropriate Government” means—

(i) the Central Government, in relation to a Commission appointed by it to make an

inquiry into any matter relatable to any of the entries enumerated in List I or List II or List III
in the Seventh Schedule to the Constitution; and

(ii) the State Government, in relation to a Commission appointed by it to make an inquiry

into any matter relatable to any of the entries enumerated in List II or List III in the Seventh
Schedule to the Constitution:

5*      -      -      -      
(b) “Commission” means a Commission of Inquiry appointed under section 3;

(c) “prescribed” means prescribed by rules made under this Act.

1. This Act has been extended to—

Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 1-2-1965).
Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Schedule I.
Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963, s. 3 and Schedule I.

2. Subs by Act 79 of 1971, s. 2, for sub-section (2).
3. The proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
4. 1st October, 1952, _vide Notification No. S.R.O. 1670, dated the 30th September, 1952,_ _see Gazette of India,_

Extraordinary, Part II, s. 3.

This Act, as amended by Act 79 of 1971, came into force in the State of Jammu and Kashmir on 6-3-1972 and in the

districts of Kohima and Mokokchung in the State of Nagaland on 15-2-1972, vide notification No. 94(E), dated 4-3-1972
and 74(E), dated 14-2-1972, respectively, issued under s. 15 of Act 79 of 1972.

5. The Proviso omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide

notification No. S.O. 1123(E) dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation (Adaptation of_
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).

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**2A. [Construction of references to laws not in force in the State of Jammu and Kashmir*.]—**

_omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide_
_notification No. S.O. 1123(E), dated (18-3-2020) and_ _vide Union Territory of Ladakh Reorganisation_
_(Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).]_

**3. Appointment of Commission.—(1) The appropriate Government may, if it is of opinion that it**

is necessary so to do, and shall if a resolution in this behalf is passed by [1][each House of Parliament
or, as the case may be, the Legislature of the State], by notification in the Official Gazette, appoint a
Commission of Inquiry for the purpose of making an inquiry into any definite matter of public
importance and performing such functions and within such time as may be specified in the
notification, and the Commission so appointed shall make the inquiry and perform the functions
accordingly:

Provided that where any such Commission has been appointed to inquire into any matter—

(a) by the Central Government, no State Government shall, except with the approval of the

Central Government, appoint another Commission to inquire into the same matter for so long as
the Commission appointed by the Central Government is functioning;

(b) by a State Government, the Central Government shall not appoint another Commission to

inquire into the same matter for so long as the Commission appointed by the State Government is
functioning, unless the Central Government is of opinion that the scope of the inquiry should be
extended to two or more States.

(2) The Commission may consist of one or more members appointed by the appropriate

Government, and where the Commission consists of more than one member, one of them may be
appointed as the Chairman thereof.

2[(3) The appropriate Government may, at any stage of an inquiry by the Commission fill any

vacancy which may have arisen in the office of a member of the Commission (whether consisting of
one or more than one member).

(4) The appropriate Government shall cause to be laid before [2][each House of Parliament or, as

the case may be, the Legislature of the State], the report, if any, of the Commission on the inquiry
made by the Commission under sub-section (1) together with a memorandum of the action taken
thereon, within a period of six months of the submission of the report by the Commission to the
appropriate Government.]

3*                  *                *                  *                  *

**4. Powers of Commission.—The Commission shall have the powers of a civil court, while trying**

a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters,
namely:—

(a) [4][summoning and enforcing the attendance of any person from any part of India] and

examining him on oath;

(b) requiring the 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.

1. Subs. by Act 19 of 1990, s. 2, for certain words.
2. Ins. by Act 79 of 1971, s. 5.
3. Sub-sections (5) and (6) omitted by Act 19 of 1990, s. 2.
4. Subs. by Act 79 of 1971, s. 6, for certain words.
*. _Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of_
Jammu and Kashmir and the Union territory of Ladakh.

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**5. Additional powers of Commission.—(1) Where the appropriate Government is of opinion**

that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or
any of the provisions of sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) should
be made applicable to a Commission, the appropriate Government may, by notification in the Official
Gazette, direct that all or such of the said provisions as may be specified in the notification shall apply
to that Commission and on the issue of such a notification, the said provisions shall apply
accordingly.

(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 [1][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 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 books of account or other documents relating to the subject matter of the inquiry
may be found, and may seize any books of account or documents or take extracts or copies therefrom,
subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898
(5 of 1898), in so far as they 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, 1898 (5 of 1898), 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 had been forwarded to him under section 482 of the Code
of Criminal Procedure, 1898.

(5) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the

meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).

2[5A. Power of Commission to utilise the services of certain officers and investigation

**agencies for conducting investigation pertaining to inquiry.—(1) The Commission may, for the**
purpose of conducting any investigation pertaining to the inquiry, utilise the services,—

(a) in the case of a Commission appointed by the Central Government, of any officer or

investigation agency of the Central Government or any State Government with the concurrence of
the Central Government or the State Government, as the case may be; or

(b) in the case of a Commission appointed by the State Government, of any officer or

investigation agency of the State Government or Central Government with the concurrence of the
State Government or the Central Government, as the case may be.

(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or

agency whose services are utilised under sub-section (1) may, subject to the direction and control of
the Commission,—

(a) summon and enforce the attendance of any person and examine him;

(b) require the discovery and production of any document; and

(c) requisition any public record or copy thereof from any office.

1. Ins. by Act 79 of 1971, s. 7.
2. Ins. by s. 8, ibid.

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(3) The provisions of section 6 shall apply in relation to any statement made by a person before

any officer or agency whose services are utilised under sub section (1) as they apply in relation to any
statement made by a person in the course of giving evidence before the Commission.

(4) The officer or agency, whose services are utilised under sub-section (1), shall investigate into

any matter pertaining to the inquiry and submit a report thereon (hereafter in this section referred to as
the investigation report) to the Commission within such period as may be specified by the
Commission in this behalf.

(5) The Commission shall satisfy itself about the correctness of the facts stated and the

conclusions, if any, arrived at in the investigation report submitted to it under sub-section (4), and for
this purpose the Commission may make such inquiry (including the examination of the person or
persons who conducted or assisted in the investigation) as it thinks fit.]

1[5B. Power of Commission to appoint assessors.—The Commission may, for the purpose of

conducting any inquiry, appoint persons having special knowledge of any matter connected with the
inquiry as assessors, to assist and advise the Commission in the inquiry and the assessors shall be
entitled to such travelling and other expenses as may be prescribed.]

**6. Statements made by persons to the Commission.—No statement made by a person in the**

course of giving evidence before the Commission shall subject him to, or be used against him in, any
civil or criminal proceeding except a prosecution for giving false evidence by such statement:

Provided that the statement—

(a) is made in reply to a question which he is required by the Commission to answer, or

(b) is relevant to the subject matter of the inquiry.

2[6A. Persons not obliged to disclose secret process of manufacture of goods in certain

**cases.—Except in cases where a Commission is expressly required to inquire into the process of**
manufacture of any goods, nothing in this Act shall be deemed to compel any person giving evidence
before the Commission to disclose any secret process of manufacture thereof.]

3[7. Commission to cease to exist when so notified.—(1) The appropriate Government may, by

notification in the Official Gazette, declare that—

(a) a Commission (other than a Commission appointed in pursuance of a resolution passed by

4[each House of Parliament or, as the case may be, the Legislature of the State] shall cease to
exist, if it is of opinion that the continued existence of the Commission is unnecessary;

(b) a Commission appointed in pursuance of a resolution passed by [4][each House of

Parliament or, as the case may be, the Legislature of the State] shall cease to exist if a resolution
for the discontinuance of the Commission is passed by [4][each House of Parliament or, as the case
may be, the Legislature of the State].

(2) Every notification issued under sub-section (1) shall specify the date from which the

Commission shall cease to exist and on the issue of such notification, the Commission shall cease to
exist with effect from the date specified therein.]

**8. Procedure to be followed by the Commission.—The Commission shall, subject to any rules**

that may be made in this behalf, have power to regulate its own procedure (including the fixing of
places and times of its sittings and deciding whether to sit in public or in private) [5]* * *.

6[8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the

**Commission.—(1) Where the Commission consists of two or more members, it may act**

1. Ins. by Act 63 of 1988, s. 2.
2. Ins. by Act 79 of 1971, s. 9.
3. Subs. by s. 10, ibid., for section 7.
4. Subs. by Act 19 of 1990, s. 3, for certain words.
5. Certain words omitted by Act 79 of 1971, s. 11.
6. Ins. by s. 12, ibid.

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notwithstanding the absence of the Chairman or any other member or any vacancy among its
members.

(2) Where during the course of an inquiry before a Commission, a change has taken place in the

constitution of the Commission by reason of any vacancy having been filled or by any other reason, it
shall not be necessary for the Commission to commence the inquiry a fresh and the inquiry may be
continued from the stage at which the change took place.

**8B. Persons likely to be prejudicially affected to be heard.—If, at any stage of the inquiry, the**

Commission,—

(a) considers it necessary to inquire into the conduct of any person; or

(b) is of opinion that the reputation of any person is likely to be prejudicially affected by the

inquiry,

the Commission shall give to that person a reasonable opportunity of being heard in the inquiry and to
produce evidence in his defence:

Provided that nothing in this section shall apply where the credit of a witness is being impeached.

**8C. Right of cross-examination and representation by legal practitioner.—The appropriate**

Government, every person referred to in section 8B and, with the permission of the Commission, any
other person whose evidence is recorded by the Commission,—

(a) may cross-examine a witness other than a witness produced by it or him;

(b) may address the Commission; and

(c) may be represented before the Commission by a legal practitioner or, with the permission

of the Commission, by any other person.]

**9. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against**

the appropriate Government, the Commission or any member thereof, or any person acting under the
direction either of the appropriate Government or of the Commission in respect of anything which is
in good faith done or intended to be done in pursuance of this Act or of any rules or orders made
thereunder or in respect of the publication, by or under the authority of the appropriate Government or
the Commission, of any report, paper or proceedings.

**10. Members, etc., to be public servants.—Every member of the Commission and every officer**

appointed or authorised by the Commission in exercise of functions under this Act shall be deemed to
be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

1[10A. Penalty for acts calculated to bring the Commission or any member thereof into

**disrepute.—(1) If any person, by words either spoken or intended to be read, makes or publishes any**
statement or does any other act, which is calculated to bring the Commission or any member thereof
into disrepute, he shall be punishable with simple imprisonment for a term which may extend to six
months, or with fine, or with both.

2[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),

when an offence under sub-section (1) is alleged to have been committed, the High Court may take
cognizance of such offence, without the case being committed to it, upon a complaint in writing, made
by a member of a Commission or an officer of the Commission authorised by it in this behalf.

(3) Every complaint referred to it in sub-section (2) shall set forth the facts which constitute the

offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to
give notice to the accused of the offence alleged to have been committed by him.

(4) No High Court shall take cognizance of an offence under sub-section (1) unless the complaint

is made within six months from the date on which the offence is alleged to have been committed.

1. Ins. by Act 79 of 1971, s. 13.
2. Subs. by Act 63 of 1988, s. 3, for sub-section (2).

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(5) A High Court taking cognizance of an offence under sub-section (1) shall try the case in

accordance with the procedure for the trial of warrant cases instituted otherwise than on a police
report before a court of a Magistrate:

Provided that the personal attendance of a member of a Commission as a complainant or

otherwise is not required in such trial.

(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) an

appeal shall lie as a matter of right from any judgment of the High Court to the Supreme Court, both
on facts and on law.

(7) Every appeal to the Supreme Court under sub-section (6) shall be preferred within a period of

thirty days from the date of the judgment appealed from:

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of

thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within
the period of thirty days.]]

**11. Act to apply to other inquiring authorities in certain cases.—Where any authority (by**

whatever name called), other than a Commission appointed under section 3, has been or is set up
under any resolution or order of the appropriate Government for the purpose of making an inquiry
into any definite matter of public importance and that Government is of opinion that all or any of the
provisions of this Act should be made applicable to that authority, that Government may, subject to
the prohibition contained in the proviso to sub section (1) of section 3, by notification in the Official
Gazette, direct that the said provisions of this Act shall apply to that authority, and on the issue of
such a notification, that authority shall be deemed to be a Commission appointed under section 3 for
the purposes of this Act.

**12. Power to make rules.—(1) The appropriate Government may, by notification in the Official**

Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the term of office and the conditions of service of the members of the Commission;
(b) the manner in which inquiries may be held under this Act and the procedure to be

followed by the Commission in respect of the proceedings before it;

(c) the powers of civil court which may be vested in the Commission;

1[(cc) the travelling and other expenses payable to assessors appointed under section 5B, and

to person summoned by the Commission to give evidence or to produce documents before it;]

(d) any other matter which has to be, or may be, prescribed.

2[(3) Every rule made by the Central Government under this section shall be laid, as soon as may

be after it is made, before each House of Parliament while it is in session for a total period of thirty
days which may be comprised in one session or [3][in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions aforesaid], both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.]

4[(4) Every rule made by the State Government under this section shall be laid, as soon as may be

after it is made, before the State Legislature.]

_____

1. Ins. by Act 63 of 1988, s. 4 (w.e.f. 10-12-1988).
2. Ins. by Act 79 of 1971, s. 14.
3. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986).
4. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-5-1986).

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