Section 2 The Prevention of Corruption Act,
Here is a detailed explanation of Section 2 of the Prevention of Corruption Act, 1988:
⚖️ Section 2 – Definitions
The Prevention of Corruption Act, 1988
Bare Act Language (Simplified Extract):
Section 2 of the Prevention of Corruption Act defines key terms used throughout the Act. These definitions help in understanding the scope and application of the law.
“In this Act, unless the context otherwise requires—
(a) ‘Public duty’ means a duty in the discharge of which the State, the public or the community at large has an interest.
(b) ‘Public servant’ means a person falling under any of the categories specified in section 2(c).”
✅ Important Definitions in Section 2:
🔹 1. “Public duty”
Any duty that affects the interests of the State or the public. For example:
Government officers
Employees of public corporations
Officials of cooperative societies (in some cases)
🔹 2. “Public servant” [Originally referred to Section 21 of IPC, later defined in detail in Section 2(c)]
Includes:
Government employees (Central and State)
Judges and officers of courts
Employees of public sector undertakings, banks
Employees of bodies receiving government aid or created by law
👉 Note: The 2018 amendment to the Prevention of Corruption Act redefined "undue advantage", "gratification", and reinforced the requirement of prior sanction for prosecution.
🧠 Purpose of Section 2:
To clearly identify:
Who is covered under the Act (i.e., public servants)
What type of duties they perform that fall under the scrutiny of anti-corruption laws
📌 Case Law Example:
State of Maharashtra v. Brijlal Soni (1992) – The Supreme Court clarified that even temporary or contractual public servants can be held liable under the Act if they perform public duty.
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