Section 8: Investigation of crime relating to immigration

1) In a case where the Department or Office comes to be directly or indirectly informed that any crime has been committed or is likely to be committed contrary to this Act or the Rules framed hereunder, the Immigration Officer designated by the Director General shall conduct an investigation and initiate the proceedings of the crime pertaining thereto.

2) While investigating the crime referred to in Sub section (1) or collecting evidence or proofs, the Immigration Officer shall have all such powers as so conferred on to the police under the prevailing law, including the powers to arrest the person involved in the crime, to search any place regarding the crime, to take into control of the document or other materials concerned with the crime, and to prepare a deed of public inquiry (Sarjamin) as well. In the course of investigation, the Immigration Officer may take the statement of the accused and release him/her on bail or guarantee based on reasonable grounds, or detain him/her for a term not exceeding twenty-five days, upon obtaining permission of the Court.

Provided, however, that the Immigration Officer shall immediately inform the Director General upon beginning the investigation of the crime.

2a) In cases where the accused fails to furnish bail or guarantee under Sub-section (2), they may be detained.

3) While conducting an investigation pursuant to Subsection (2), the Immigration Officer may, if necessary, consult with the Government Attorney.