The Prevention of Corruption Act 1988: Objects and Scheme

In one line

The Act consolidates the law on the corruption of public servants, widens who counts as one, provides for trial by special judges, and since 2018 punishes the giver as well as the taker.

In the wording a student can write in an exam: the Prevention of Corruption Act 1988 consolidated and amended the law relating to the prevention of corruption, replacing the Prevention of Corruption Act 1947 and the corresponding provisions of the Indian Penal Code; it was substantially amended by the Prevention of Corruption (Amendment) Act 2018, which recast the offences in terms of an undue advantage, created an offence of bribing a public servant, made a commercial organisation liable, and inserted section 17A requiring previous approval before any enquiry or investigation into a decision taken in the discharge of official functions.

The objects

Consolidation. Before 1988 the law was in the 1947 Act and in the bribery provisions of the Indian Penal Code, and the 1988 Act brought them together and repealed the earlier scheme.

Widening. The definition of public servant was enlarged well beyond government service, for the reasons dealt with in the next chapter.

Speed. Trial exclusively by special judges, with a direction that a case be tried as expeditiously as possible and, so far as practicable, held from day to day.

And in 2018, four further objects. To bring Indian law into line with the United Nations Convention against Corruption, which India ratified; to punish the giver of a bribe and not only the taker; to make a commercial organisation liable where a person associated with it bribes a public servant to obtain business; and to protect honest officials from prosecution for decisions taken in good faith, which is the purpose section 17A serves and the point on which the amendment is most criticised.

The scheme

Sections 1 and 2, extent and definitions, including the definitions of public servant, undue advantage and public duty.

Sections 3 to 6, the court. The Central Government or the State Government may by notification appoint special Judges to try offences under the Act and any conspiracy or attempt or abetment relating to them. A person is qualified for appointment only if he is or has been a Sessions Judge, an Additional Sessions Judge or an Assistant Sessions Judge. Offences under the Act are triable only by a special Judge, who takes cognizance without the accused being committed for trial, may try any other offence with which the accused may be charged at the same trial, and in trying an offence follows the procedure for warrant cases before a Magistrate. Section 6 provides for summary trial in certain cases.

Sections 7 to 12, the bribery offences, dealt with in their own chapter.