The Prevention of Corruption Act, 1988 - Detailed Notes

The Prevention of Corruption Act, 1988

  • Short Title and Extent

    • This Act may be referred to as the Prevention of Corruption Act, 1988.
    • Extends to all of India including all Indian citizens present outside India.

  • Definitions (Section 2)

    • Election: Any election held under law for selecting members of public authorities.
    • Public Duty: Duties in the interest of the state or community.
    • Public Servant: Encompasses various roles:
    • Government employees, local authorities, corporations, judges, court-appointed individuals, and others involved in public duties.
    • Undue Advantage: Refers to any gratification other than legal remuneration.
Chapter II: Appointment of Special Judges

  • Power to Appoint Special Judges (Section 3)

    • Central or State Government may appoint Special Judges through a notification to handle specified cases.
    • Qualifications: Must be or must have been a Sessions Judge, Additional Sessions Judge, or Assistant Sessions Judge.

  • Cases Triable by Special Judges (Section 4):

    • Only specified offences under the Act will be tried by Special Judges in their designated areas.
Chapter III: Offences and Penalties

  • Offence Relating to Public Servant Being Bribed (Section 7)

    • Public servants penalized for obtaining undue advantages for improper public duties.
    • Example: A public servant demanding money for timely processing of services.

  • Bribery in Public Service (Section 8)

    • Penalties for individuals giving undue advantages to public servants.

  • Offences by Commercial Organizations (Section 9)

    • Commercial organizations face penalties for any associated bribes offered to public servants.

  • Criminal Misconduct by a Public Servant (Section 13):

    • Involves misappropriation or illicit enrichment by public servants.
Key Features of the Act
  • Definition of a Public Servant: Expanded to cover various roles in the public sector.
  • Bribery and Criminal Misconduct: Clear punishments for both bribe givers and takers.
  • Presumption of Guilt: In cases of bribery, guilt is presumed unless otherwise proven (Section 20).
  • Investigative Measures: Prior government sanction required for prosecution (Section 19).
  • Specialized Handling: Cases managed by designated Special Judges.
  • Timeliness: Trials aimed to conclude promptly, preferably within two years.
  • Amendments (2018): Include liability for bribe-givers, and corporate entities can also be prosecuted.
Summary of Sections Addressing Key Offences
  • Section 18: Investigative authority established; powers to inspect financial records.
  • Section 12: Abetting offences under the Act leads to similar penalties as direct offenders.
  • Section 14: Heavier penalties for habitual offenders.
  • Section 19: Government’s prior consent necessary for prosecutions, ensuring oversight in cases involving public servants.