The Prevention of Corruption Act, 1988
The Prevention of Corruption Act, 1988
1. Background
Before 1988, corruption was dealt with under multiple laws like:
The Indian Penal Code, 1860 (Sections 161–165A)
The Prevention of Corruption Act, 1947
The Criminal Law Amendment Act, 1952
To consolidate and strengthen the law, Parliament passed the Prevention of Corruption Act, 1988.
The Act covers offences committed by public servants, and also extends to those who abet or bribe them.
2. Objectives of the Act
To combat corruption among public servants.
To define offences clearly related to bribery and abuse of official position.
To provide for speedy trial of corruption cases by Special Judges.
To bring both giver and taker of bribe under punishment.
3. Key Provisions of the Act
(a) Public Servant (Section 2(c))
The definition is very wide:
Government employees
Employees of public sector undertakings
Judges, MPs, MLAs
Office bearers of cooperative societies receiving government aid
(b) Offences by Public Servants
Taking gratification other than legal remuneration (Section 7)
If a public servant accepts/obtains gratification (money, gift, etc.) other than legal pay for doing or forbearing an official act.
Taking gratification to influence a public servant (Section 8)
If any person accepts gratification to influence a public servant by corrupt means.
Bribery by other person (Section 9)
If someone accepts gratification for exercising personal influence over a public servant.
Criminal Misconduct by Public Servant (Section 13)
Misappropriation of property entrusted to him.
Abusing official position to obtain pecuniary advantage.
Possession of assets disproportionate to known sources of income.
(c) Punishment
Minimum 3 years to maximum 7 years imprisonment + fine for most offences.
For abetment, similar punishment applies.
(d) Presumption of Guilt (Section 20)
If a public servant accepts any gratification other than legal remuneration, the court will presume it was taken as a bribe — unless proved otherwise.
This makes it easier to convict corrupt officials.
(e) Investigation and Trial
Investigation is usually conducted by police officers not below the rank of Deputy Superintendent of Police (DSP).
Special Judges are appointed to try offences under this Act.
(f) Sanction for Prosecution (Section 19)
Prior sanction of the Government is required before prosecuting a public servant.
Purpose: To protect honest officers from frivolous complaints.
4. Amendments
The Act was later amended by the Prevention of Corruption (Amendment) Act, 2018, introducing:
Punishment for bribe-givers.
Corporate liability for bribery.
Redefinition of criminal misconduct (narrowed down).
Time-bound trial (2 years, extendable to 4).
5. Important Case Laws
(a) State of M.P. v. Ram Singh (2000)
Supreme Court held:
Corruption is like a cancer eating into the vitals of society.
The Act must be interpreted in a manner to give maximum effect to its purpose.
(b) State of U.P. v. Zakaullah (1998)
Supreme Court held that mere recovery of money is not enough.
Prosecution must prove that money was taken as a motive or reward for doing an official act.
(c) Subramanian Swamy v. Manmohan Singh (2012)
Concerned delay in granting sanction for prosecution of a Minister.
Supreme Court held: Sanction must be decided within 3 months, extendable by 1 month if legal advice required.
(d) P. V. Narasimha Rao v. State (1998)
Related to MPs taking bribes to vote in Parliament.
Supreme Court held:
MPs are public servants under the Act.
But, due to parliamentary privilege (Articles 105 and 194 of Constitution), they cannot be prosecuted for how they voted or spoke in Parliament.
(e) CBI v. Ramesh Gelli (2016)
Supreme Court ruled that Chairman and Directors of private banks (after they became scheduled banks) are also public servants under this Act, because they discharge public duties.
(f) Man Singh v. CBI (2006)
The Court clarified that once acceptance of bribe is proved, burden shifts to accused to explain why he took money.
6. Significance
Provides a strong legal framework against corruption.
Covers both public servants and bribe-givers.
Ensures speedy trial through Special Courts.
Widens the meaning of “public servant” to cover more officials and even private persons performing public functions.
Embeds the principle of reverse burden of proof to make prosecution easier.
✅ Conclusion
The Prevention of Corruption Act, 1988 is the primary anti-corruption law in India, targeting bribery, abuse of power, and criminal misconduct of public servants. Courts have strongly enforced it, describing corruption as a serious social evil. Through case law, principles like burden of proof, speedy sanction, and wide definition of public servant have been established. The later 2018 Amendment further strengthened accountability by punishing bribe-givers and introducing corporate liability.
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