The Prevention of Corruption Act 1988
Chapter Fifty-Six
Syllabus topic 4.3, "Prevention of Corruption Act, 1988"
Pages 334 to 339 of 396
In one line
The Prevention of Corruption Act 1988 makes it an offence for a public servant to take an undue advantage, for anybody to give one, and for a public servant to enrich himself illicitly, and it was substantially rewritten in 2018.
In the words a student can write in an exam: the Prevention of Corruption Act 1988 consolidates the law relating to the offences of bribery and criminal misconduct by public servants. As amended by the Prevention of Corruption (Amendment) Act 2018, which came into force on 26 July 2018, it makes it an offence under section 7 for a public servant to obtain or accept an undue advantage with the intention to perform a public duty improperly, under section 8 for any person to give one, under section 9 for a commercial organisation to bribe, under section 11 for a public servant to obtain a valuable thing without consideration from a person concerned in a proceeding or business transacted by him, and under section 13 to commit criminal misconduct by misappropriating property or by intentionally enriching himself illicitly. It provides for trial by special judges, requires previous approval under section 17A before an enquiry or investigation into an offence relatable to a recommendation made or decision taken by a public servant in the discharge of official functions, and requires previous sanction under section 19 for prosecution.
The structure of the Act
Thirty-one numbered sections with lettered insertions. Four groups.
Group 1: courts and procedure, sections 3 to 6
- Section 3: power of the Central or State Government to appoint special Judges to try offences under the Act.
- Section 4: cases triable by special Judges, and the direction that the trial be held as expeditiously as possible, on a day to day basis.
- Section 5: procedure and powers of a special Judge.
- Section 6: power to try summarily in specified circumstances.
Group 2: the offences, sections 7 to 16
This is the heart of the Act and the part the 2018 amendment rewrote.
| Section | Offence |
|---|---|
| 7 | Offence relating to a public servant being bribed: obtaining, accepting or attempting to obtain an undue advantage, with the intention to perform or cause performance of a public duty improperly or dishonestly, or as a reward for having done so |
| 7A | Taking an undue advantage to influence a public servant by corrupt or illegal means or by exercise of personal influence |
| 8 | Offence relating to bribing a public servant: giving or promising an undue advantage to induce or reward improper performance |
| 9 | Offence relating to bribing a public servant by a commercial organisation |
| 10 | Person in charge of a commercial organisation to be guilty of the offence under section 9 where it is committed with his consent or connivance |
| 11 | Public servant obtaining an undue advantage without consideration from a person concerned in a proceeding or business transacted by him |
| 12 | Punishment for abetment of offences |
| 13 | Criminal misconduct by a public servant: dishonestly or fraudulently misappropriating or converting property entrusted to him or under his control, or allowing another to do so; or intentionally enriching himself illicitly during the period of his office |
| 14 | Punishment for a habitual offender |
| 15 | Punishment for an attempt |
| 16 | Matters to be taken into consideration for fixing a fine |
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