Section 12 The Prevention of Corruption Act,
Here is a detailed explanation of:
Section 12 β The Prevention of Corruption Act, 1988
πΉ Bare Act Language:
Section 12 β Punishment for abetment of offences defined in Section 7 or 11.
βWhoever abets any offence punishable under section 7 or section 11, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.β
π Meaning:
Abetment means encouraging, assisting, or instigating someone to commit an offence.
Even if the actual offence does not take place, the person abetting it can still be punished.
π Relevant Linked Sections:
Section 7: Punishes a public servant who accepts or attempts to obtain undue advantage.
Section 11: Punishes a public servant who accepts valuable things without consideration, from persons connected with their official duties.
So, Section 12 punishes any person (including private individuals) who encourages or helps a public servant to commit such offences.
π¨ Punishment:
Minimum imprisonment: 3 years
Maximum imprisonment: 7 years
Fine: Mandatory
βοΈ Case Law Example:
State of A.P. v. V. Vasudeva Rao, AIR 2004 SC 960
The Supreme Court held that even attempt or instigation, without the actual act of bribery, can attract Section 12, if there is clear intention and act of abetment.
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