Sting Operation Laws in India

Sting operations have become a buzzword in India ever since Tehelka.com busted corrupt officials in the Indian government and democracy through deceptive modes. This includes the deployment of undercover agents and spy cams. In fact, sting operations have become an excellent means for the media to create transparency in the government functions and create strict accountability.

Opponents of such a practice, however, argue that sting operations are a violation of an individual’s privacy, which also restricts their constitutional freedom and rights. Such arguments have attracted the attention of the Supreme Court and the Central Bureau of Investigation (CBI); which seek to establish laws to govern the practice of sting operations in India. 

CBI View on Sting Operations

The Central Bureau of Investigation has approached the Supreme Court to punish those who sting on account of abetment of corruption. In India, abetment of corruption is subject to imprisonment up to five years, as established by the Prevention of Corruption (PC) Act, 1988. In its appeal to the SC, the CBI emphasised that any individual conducting a sting operation to expose a public official must be penalized, unless s/he informs a competent law enforcing agency. This notification must be made either before or immediately after the operation is conducted.

The primary reason stated by the CBI for its appeal is that ‘law enforcement’ is the government and judiciary’s responsibility. Moreover, allowing private citizen to take law into their own hands may result in complete anarchy in the society. The CBI went on to justify that authorizing sting operation will encourage individuals to satisfy their vested interests, which may be political or commercial, on the pretext of exposing a crime or corruption. This may result in insurmountable chaos and disorder in the society.