An Overview of Prevention of Corruption Act
Prevention of Corruption Act, 1988
1. Introduction
The Prevention of Corruption Act, 1988 (PCA) is a special legislation enacted by the Indian Parliament to combat corruption in public offices. The Act aims to penalize public servants who engage in corrupt practices, such as accepting bribes, abusing their official position, or criminal misconduct.
The Act consolidates and amends previous laws relating to the prevention of corruption and extends to the whole of India.
2. Definitions (Section 2)
Public Servant: Includes government officials, employees of government companies, judges, members of Parliament or state legislatures, and others who perform public duties.
Criminal Misconduct: Includes dishonest acts or intentional abuse of official position for personal gain.
Undue Advantage: Includes bribes, gifts, or any other form of benefit given to public servants in exchange for favorable action.
3. Main Offences under the Act
a. Section 7 – Public Servant Taking Bribe
Punishes any public servant who accepts or obtains any gratification other than legal remuneration as a reward or inducement for doing or forbearing to do any official act.
Penalty: Imprisonment up to 5 years and fine.
b. Section 8 – Public Servant Attempting to Obtain Bribe
Covers attempts by public servants to obtain gratification.
Similar penalty as Section 7.
c. Section 9 – Public Servant Taking Gratification, Other than Legal Remuneration, to Influence Public Servant
Covers cases where a public servant accepts gratification to influence another public servant.
Punishable with imprisonment and fine.
d. Section 10 – Punishment for Abetment
Punishes those who abet or conspire to commit any offence under Sections 7, 8, or 9.
e. Section 11 – Public Servant Obtaining Valuable Thing Without Consideration or for Less Consideration
Covers cases where a public servant obtains a valuable thing without or for less consideration, intending to cause wrongful loss or gain.
f. Section 12 – Punishment for Criminal Misconduct by a Public Servant
Applies to a public servant who:
Dishonestly misappropriates property.
Intentionally enriches themselves illicitly.
Dishonestly or fraudulently uses their position for wrongful gain.
Punishment: Imprisonment not less than 6 months, which may extend to 5 years, plus fine.
g. Section 13 – Criminal Misconduct
This section is critical and has two parts:
Section 13(1)(d): Punishes a public servant who dishonestly or fraudulently accepts or obtains any valuable thing for themselves or others without consideration or for a price below market value, intending to influence them in the discharge of their official duties.
Section 13(2): Applies to persons offering or attempting to offer bribes to public servants.
4. Key Provisions
Sanction for Prosecution (Section 19): Prosecution of a public servant under the Act requires prior sanction from the appropriate government authority.
Special Courts (Section 3): The Act provides for the constitution of special courts for speedy trial of corruption offences.
Burden of Proof: Section 20 places some burden on the accused to prove innocence once the prosecution establishes the acceptance of gratification.
5. Important Case Laws
Case 1: R. K. Jain v. Union of India, AIR 1996 SC 1237
The Supreme Court emphasized the need for strict proof in corruption cases but clarified that the burden can shift to the accused to explain the source of wealth or property.
Case 2: State of Andhra Pradesh v. N. Ramachandra Rao, (1994) 4 SCC 632
The Court held that acceptance of any gratification by a public servant, even if not substantial or for a specific act, is punishable under the Act.
Case 3: Central Bureau of Investigation v. K.V. Rajendran, AIR 1992 SC 607
It was held that the applicant offering a bribe is also punishable, even if the bribe was not accepted.
Case 4: Rameshwar Prasad v. Union of India, AIR 2006 SC 2522
The Court stressed the importance of sanction for prosecution and held that it is mandatory to obtain prior sanction under Section 19 before prosecuting a public servant.
Case 5: Ranjit Singh v. State of Punjab, AIR 2000 SC 2560
The Supreme Court observed that judicial officers are also public servants and thus liable under the Prevention of Corruption Act.
6. Amendments and Recent Developments
In 2018, the Act was amended to include provisions addressing commercial organizations' liability for bribery by their employees.
The definition of criminal misconduct was refined to narrow down the scope, requiring proof of dishonest or fraudulent intention.
Enhanced punishment for bribe-givers and new offences for false complaint and malicious prosecution to prevent misuse.
7. Summary
| Section | Offence Description | Punishment |
|---|---|---|
| 7 | Taking bribe by public servant | Up to 5 years + fine |
| 8 | Attempting to take bribe | Up to 5 years + fine |
| 9 | Taking gratification to influence | Up to 5 years + fine |
| 11 | Obtaining valuable thing without payment | Up to 3 years + fine |
| 12 | Criminal misconduct by public servant | 6 months to 5 years + fine |
| 13 | Criminal misconduct and bribery | Up to 7 years + fine |
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