Prevention of Corruption Act

                  PREVENTION    OF    CORRUPTION    ACT    1988

Section 1                     Short title and extent

• This Act may be called
  • the Prevention of Corruption Act 1988

• It extends to the whole of India
  • except Jammu and Kashmir

• It applies also
  • to all citizens of India outside India

 

Section 2                     Definitions

• “public duty” means
  • a duty in the discharge of which
  • the State, the public or the community at large
  • has an interest

• In this clause “State” includes
  • a corporation established by a Central or State Act
  • a body owned or controlled or aided by Govt
  • a Govt company as defined in the Companies Act

 

• “public servant” means

(i)

• any person
  • in the service or pay of Govt or
  • remunerated by Govt by fees or commission for performance of any public duty

(ii)

• any person
  • in the service or pay of a local authority

(iii)

• any person
  • in the service or pay of
  • a corporation established by a Central or State Act or
  • a body owned or controlled or aided by Govt or
  • a Govt company

(iv)

• any Judge
  • Including any person empowered by law to discharge adjudicatory functions

(v)

• any person authorised by a court of justice
  • to perform a duty in connection with administration of justice
  • including a liquidator, receiver or commissioner appointed by such court

(vi)

• any arbitrator or other person
  • to whom any matter has been referred for decision or report
  • by a court of justice or by a competent public authority

(vii)

• any person who holds an office
  • by virtue of which he is empowered
  • to prepare, publish or revise an electoral roll or
  • to conduct an election

(viii)

• any person who holds an office
  • by virtue of which he is authorised or required
  • to perform any public duty

(ix)

• any person who is president or office-bearer
  • of a registered co-operative society
  • engaged in agriculture, industry, trade or banking
  • receiving financial aid
    • from Central or State Govt
    • from a corporation established by a Central or State Act
    • from a body owned or controlled or aided by Govt
    • from a Govt company

(x)

• any person who is
• chairman, member or employee
  • of any Service Commission or Board or
• a member of any selection committee
  • appointed by such Commission or Board
  • for conduct of any examination or
  • making any selection on its behalf

(xi)

• any person
  • who is a Vice-Chancellor or member of any governing body of any University
  • who is a professor, reader, lecturer or other teacher or employee of any University
• any person
  • whose services have been availed of by a University or other public authority
  • in connection with holding or conducting examinations

(xii)

• any person
  • who is an office-bearer or an employee
  • of an educational, scientific, social, cultural or other institution
    • receiving financial assistance
    • from Central or State Govt or local or other public authority

 

Section 3                     Power to appoint special Judges

• Central or State Govt
  • may appoint as many special Judges as may be necessary
  • to try the following offences:

(a)

• any offence
  • punishable under this Act

(b)

• any conspiracy or attempt to commit or abetment
  • of any offence punishable under this Act

Section 3(2)

• A person shall not be qualified
  • for appointment as a special Judge
• unless
  • he is or has been a Sessions Judge or an Additional Sessions Judge
  • under the Code of Criminal Procedure 1973

 

Section 4(1)                     Cases triable by special Judges

• Offences specified in section 3(1)
  • shall be tried by special Judges only

Section 4(2)

• Every offence specified in section 3(1)
• shall be tried
  • by the special Judge for the area within which it was committed or
  • by the special Judge appointed for the case

Section 4(3)

• When trying any case:
• a special Judge may also try
  • an offence other than that specified in section 3
  • with which the accused may be charged at the same trial under CrPC

Section 4(4)

• A special Judge shall
  • as far as practicable
• hold the trial of an offence
  • on a day-to-day basis

 

Section 5 (1)                Procedure and powers of special Judge

• A special Judge
  • may take cognizance of offences
  • without the accused being committed to him for trial

• In trials, he shall follow the procedure
  • prescribed by CrPC for trial of warrant cases by Magistrates

Section 5(2)

• A special Judge may
  • with a view to obtaining evidence
  • of any person concerned in or privy to an offence
• tender a pardon to such person
  • on condition of his making a full and true disclosure
  • of the whole circumstances within his knowledge
  • relating to the offence
• tender a pardon to every other person
  • concerned in the commission thereof, whether as principal or abettor

• Any pardon so tendered shall
  • be deemed to have been tendered u/s 307 CrPC
  • for purposes of section 308 of that Code

 

Section 7                     Taking gratification other than legal remuneration

• Whoever
  • being or expecting to be a public servant
• accepts or obtains [or agrees to accept or attempts to obtain]
  • for himself or for any other person
• any gratification whatever other than legal remuneration
• as a motive or reward
  • for doing or forbearing to do any official act or
  • for showing or forbearing to show favour or disfavour to any person in exercise of his official functions or
  • for rendering or attempting to render any service or disservice to any person
    • with Central or State Govt or Parliament or State Legislature
    • with any local authority, corporation or Govt company or
    • with any public servant, whether named or otherwise
•  shall be punishable with imprisonment
  • which shall be not less than six months
  • but which may extend to five years and fine

 

Section 8                     Taking gratification to influence public servant

• Whoever
• accepts or obtains [or agrees to accept or attempts to obtain]
  • for himself or for any other person
• any gratification whatever
• as a motive or reward
  • for inducing any public servant, by corrupt or illegal means
  • to do or to forbear to do any official act
  • to show favour or disfavour to any person in exercise of official functions of such public servant
  • to render any service or disservice to any person
    • with Central or State Govt or Parliament or State Legislature
    • with any local authority, corporation or Govt company
    • with any public servant
•  shall be punishable with imprisonment
  • which shall be not less than six months
  • but which may extend to five years and fine

 

Section 9                     Gratification for personal influence with public servant

• Whoever
• accepts or obtains [or agrees to accept or attempts to obtain]
  • for himself or for any other person
• any gratification whatever
• as a motive or reward
  • for inducing any public servant, by exercise of personal influence
  • to do or to forbear to do any official act
  • to show favour or disfavour to any person in exercise of official functions of such public servant
  • to render any service or disservice to any person
    • with Central or State Govt or Parliament or State Legislature
    • with any local authority, corporation or Govt company
    • with any public servant
•  shall be punishable with imprisonment
  • which shall be not less than six months
  • but which may extend to five years and fine

 

Section 10                   Abetment by public servant

• Whoever
  • being a public servant in respect of whom
  • either the offence defined in section 8 or section 9 is committed
• abets the offence
  • whether or not that offence is committed in consequence of that abetment
• shall be punishable with imprisonment
  • which shall be not less than six months
  • but which may extend to five years and fine

 

Section 11                   Obtaining valuable thing without consideration

• Whoever
  • being a public servant
• accepts or obtains [or agrees to accept or attempts to obtain]
• for himself or for any other person
  • any valuable thing without consideration or
  • for a consideration which he knows to be inadequate
• from any person
  • whom he knows to have been concerned or likely to be concerned in any proceeding transacted by him
  • having any connection with official functions of himself or of any public servant to whom he is subordinate
  • whom he knows to be interested in or related to the person so concerned
• shall be punishable with imprisonment
  • which shall be not less than six months
  • but which may extend to five years and fine

 

Section 12                   Abetment of offences in section 7 or 11

• Whoever abets any offence
  • punishable under section 7 or 11
  • whether or not that offence is committed in consequence of that abetment
• shall be punishable with imprisonment
  • which shall be not less than six months
  • but which may extend to five years and fine

 

Section 13                   Criminal misconduct by a public servant

• A public servant is said to commit
  • the offence of criminal misconduct

(a)

• if he
• habitually accepts or obtains [or agrees to accept or attempts to obtain]
  • for himself or for any other person
• any gratification other than legal remuneration
  • as a motive or reward as mentioned in section 7 or

(b)

• if he
• habitually accepts or obtains [or agrees to accept or attempts to obtain]
  • for himself or for any other person
• any valuable thing
  • without consideration or for a consideration which he knows to be inadequate
• from any person
  • whom he knows to have been or likely to be concerned in any proceeding transacted or to be transacted by him or
  • having any connection with official functions of himself or of any public servant to whom he is subordinate or
  • whom he knows to be interested in or related to the person so concerned

(c)

• if he
  • dishonestly or fraudulently misappropriates or
  • otherwise converts for his own use
    • any property entrusted to him or
    • under his control as a public servant or
  • allows any other person so to do

(d)

• if he

(i)

• by corrupt or illegal means
• obtains for himself or for any other person
• any valuable thing or pecuniary advantage or

(ii)

• by abusing his position as a public servant
• obtains for himself or for any other person
• any valuable thing or pecuniary advantage or

(iii)

• obtains for any person
• any valuable thing or pecuniary advantage
• without any public interest or

(e)

• if he or any person on his behalf
  • is in possession or has been in possession at any time during the period of his office
  • of pecuniary resources or property disproportionate to his known sources of income
  • for which he cannot satisfactorily account

Explanation

• “known sources of income” means
  • income received from any lawful source and
  • such receipt has been intimated
    • in accordance with law, rules or orders applicable to a public servant

 

Section 13(2)

• Any public servant
  • who commits criminal misconduct
• shall be punishable with imprisonment
  • which shall be not less than one year but
  • which may extend to seven years and fine

 

Section 14                   Habitual committing of offence u/s 8, 9 and 12

• Whoever habitually commits
  • an offence punishable u/s 8 or 9 or 12
• shall be punishable with imprisonment
  • for at least two years
  • but which may extend to seven years and fine

 

Section 15                   Punishment for attempt

• Whoever attempts
  • to commit an offence u/s 13(1)(c) and 13(1)(d)
• shall be punishable
  • with imprisonment of upto three years and fine

 

Section 17                   Persons authorised to investigate

• No police officer below the rank

(a)

• of an Inspector of Police
  • in case of Delhi Special Police Establishment

(b)

• of an Assistant Commissioner of Police
  • in Bombay, Calcutta, Madras and Ahmedabad
  • in any other metropolitan area notified u/s 8(1) CrPC

(c)

• of a Dy Superintendent of Police
  • elsewhere…

• shall investigate any offence under this Act
  • without order of a Metropolitan Magistrate or a Magistrate of first class
• shall make any arrest
  • without a warrant

Proviso

• If a police officer not below the rank of Inspector
  • is authorised by State Govt in this behalf
• he may also investigate such offence
  • without order of a Metropolitan Magistrate or a Magistrate of first class
• he may also make arrest therefor
  • without a warrant

Proviso

• An offence u/s 13(1)(e) shall not be investigated
  • without order of a police officer not below the rank of a Superintendent of Police

 Section 19(1)              Previous sanction necessary for prosecution

• No court shall take cognizance
  • of an offence punishable u/s 7, 10, 11, 13 and 15
  • alleged to have been committed by a public servant
• except with the previous sanction

(a)

• of Central Govt
  • in case of a person
  • employed for affairs of the Union and not removable from office save by Central Govt

(b)

• of State Govt
  • in case of a person
  • employed for affairs of the State and not removable from office save by State Govt

(c)

• of the authority competent to remove him from office
  • in case of any other person

Section 19(2)

• Where for any reason whatsoever any doubt arises
  • as to whether the previous sanction should be given
  • by Central Govt or State Govt or any other authority
• such sanction shall be given
  • by that Government or authority
  • which would have been competent to remove the public servant from office
  • at the time when the offence was committed

Section 19(3)

(a)

• No finding, sentence or order passed by a special Judge
• shall be reversed or altered
  • by a Court in appeal, confirmation or revision
• on the ground of
  • absence of sanction or
  • any error, omission or irregularity in sanction
• unless
  • in the opinion of that court
  • a failure of justice has in fact been occasioned thereby

(b)

• No court shall stay proceedings under this Act
  • on the ground of an error, omission or irregularity in sanction
• unless
  • it is satisfied that
  • such error, omission or irregularity has resulted in a failure of justice

(c)

• No court shall stay proceedings under this Act
  • on any other ground

• No court shall exercise powers of revision
  • in relation to any interlocutory order
  • passed in any inquiry, trial, appeal or other proceedings

Section 19(4)

• In determining
  • whether absence of sanction or any error, omission or irregularity in sanction
  • has occasioned or resulted in a failure of justice
• court shall have regard to the fact
  • whether the objection could and should have been raised at any earlier stage in the proceedings

Explanation

(a)

• error includes
  • competency of the authority to grant sanction

(b)

• a sanction required for prosecution includes
  • any requirement that prosecution shall be at the instance of a specified authority or with sanction of a specified person or
  • any requirement of a similar nature

 

Section 20(1)               Presumption

• In trial of an offence u/s 7 or 11 or 13(1)(a) or (b):
• If it is proved
  • that an accused person has accepted or obtained [or has agreed to accept or attempted to obtain]
  • for himself or for any other person
  • any gratification other than legal remuneration or any valuable thing
• it shall be presumed
  • that he accepted or obtained [or agreed to accept or attempted to obtain]
  • that gratification or that valuable thing
    • as a motive or reward mentioned in section 7 or
    • without consideration or for a consideration which he knows to be Inadequate
  • unless
    • the contrary is proved

 

Section 20(2)

• In trial of an offence u/s 12 or 14(b):
• If it is proved that
  • any gratification other than legal remuneration or any valuable thing
  • has been given or offered to be given or attempted to be given
  • by an accused person
• it shall be presumed
  • that he gave that gratification or valuable thing
  • as a motive or reward mentioned in section 7 or
  • without consideration or for a consideration which he knows to be inadequate
• unless
  • the contrary is proved

 

Section 20(3)

• Court may decline to draw the aforesaid presumption
• if
  • the gratification or thing aforesaid is so trivial
  • that no inference of corruption may fairly be drawn

 

Section 21                   Accused person to be a competent witness

• A person charged with an offence under this Act
• shall be a competent witness
  • for the defence and
• may give evidence on oath
  • in disproof of the charges made against him

• Provided that

(a)

• he shall not be called as a witness
  • except at his own request

(b)

• his failure to give evidence shall not
  • be made the subject of any comment by prosecution or
  • give rise to any presumption against himself

(c)

• he
  • shall not be asked
  • and if asked, shall not be required to answer
• any question tending to show that he
  • has committed any other offence or
  • is of bad character
• unless

(i)

• the proof
  • that he has committed or been convicted of such offence
• is admissible evidence
  • to that he is guilty of the offence with which he is charged

(ii)

• he has
  • personally or by his pleader asked any question of any witness for prosecution to establish his own good character or
  • given evidence of his good character or
• the nature or conduct of the defence is such
  • as to involve imputations on the character of prosecutor or of any witness for prosecution

(iii)

• he has given evidence against any other person
  • charged with the same offence

 

Section 24                   Bribe giver not to be subject to prosecution

• A statement made by a person
  • in any proceeding against a public servant
  • for an offence u/s 7 to 11 or u/s 13 or 15
• that he offered or agreed to offer
  • any gratification other than legal remuneration or
  • any valuable thing to the public servant
• shall not subject such person to a prosecution u/s 12

 

Section 27                   Appeal and revision

• The High Court may exercise
  • all powers of appeal and revision
  • conferred by CrPC on a High Court
• as if
  • the court of special Judge were a court of Session

 

Section 28                   Act to be in addition to any other law

• Provisions of this Act
  • shall be in addition to and not in derogation of
  • any other law for the time being in force
• Nothing contained herein
  • shall exempt any public servant
  • from any proceeding which might be instituted against him

 

Section 31                   Omission of certain sections of IPC

• Sections 161 to 165A of IPC
  • shall be omitted

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