An Overview of Prevention of Corruption Act | Criminal Law for Judiciary Exams PDF Download

Introduction

Meaning of Corruption

• Corruption is derived from the Latin word "corrupts," indicating dishonest or deceitful behavior by individuals in power, such as government officials or managers.
• Corruption encompasses inappropriate gifts, bribes, under-the-table payments, money laundering, black money, election tampering, and investor fraud.
• India has faced significant corruption issues, highlighted by events like the 2G spectrum case and the Commonwealth Games scam in 2010, leading to amendments in legislation.
• Individuals engage in corruption due to desires for illegal gains, greed, and the avoidance of accountability for offenses.
• Illegal gains, known as black money, are often deposited in offshore accounts to generate further illicit wealth.

The Prevention of Corruption Act, 1988

Overview

• The Prevention of Corruption Act was enacted by the Parliament of India on 9 September 1988 to combat corruption in government agencies and public sector businesses across the country.

Objectives

• The primary objective of the Prevention of Corruption Act is to eliminate corruption by implementing measures to prevent and prosecute public servants engaged in corrupt activities.
• It aims to address not only corruption within government departments but also holds accountable those who aid or abet corrupt practices.

Legislative Framework

• The act consists of 31 sections and 5 chapters, specifically targeting offenses related to corruption by public servants.
• Originally, the Indian Penal Code (IPC) of 1860 addressed offenses by or related to public servants, but it lacked in addressing all aspects of corruption and misconduct.

Evolution and Amendments

• The Prevention of Corruption Act was a significant expansion of the Public Servants Act, 1947, aiming to redefine terms like 'public servant' and clarify various offenses.
• After 25 years without any amendments, the act was revised in 2018 to enhance existing provisions and broaden the scope of covered offenses.

Key Amendments in 2018

• One notable change in 2018 was the introduction of a more stringent definition of criminal misconduct.
• The amendments were crucial in aligning the act with contemporary challenges and ensuring a more comprehensive legal framework to combat corruption effectively.

Impact and Implementation

• The Prevention of Corruption Act has played a vital role in the legal landscape of India by providing a robust framework to tackle corruption and hold accountable those involved in corrupt practices.
• Through continuous evaluation and potential future amendments, the act aims to adapt to evolving forms of corruption and strengthen its effectiveness in combating this societal menace.

Salient Features of the Prevention of Corruption Act

• Bribery: Bribery is defined under section 171B of the Indian Penal Code. It involves giving a gratification to influence someone in exercising their electoral rights or to reward them for doing so. Both the giver and receiver of the bribe are held accountable for this offense, punishable by up to 7 years of imprisonment.
• Criminal misconduct: Criminal misconduct, as per section 13 of the Act, refers to the misappropriation of entrusted property.
• Prosecution sanction: According to section 19(1), prosecution for offenses under the act requires sanction for all current or former officials.
• Time limit of cases: Courts must conclude trials within two years. The court can extend this period by six months at a time, up to a maximum of four years, after providing reasons for the extension.
• Commercial organization: The Act imposes penalties on directors and employees of commercial organizations involved in bribery, including fines, imprisonment, or both.

Crimes Punishable by the Prevention of Corruption Act

• When a public servant accepts money or gifts in their official capacity in exchange for a favor from an individual, in addition to their regular salary.
• Any individual who assists a public servant in committing such an offense will also face punishment.
• If an individual gives or receives gifts to influence a public servant through personal connections, illegal means, or corrupt practices, the influencing party will be held accountable.
• When a public servant is involved in criminal misconduct.
• In cases where a public servant engages in accepting bribes or corrupt practices with someone they have a business or official relationship with.

Key Highlights of the Prevention of Corruption Act

• Section 2 (d): Defines "undue advantage" as any gratification other than legal remuneration. This includes non-monetary considerations like gifts and favors not estimable in terms of money.
• Section 3: Empowers the Central and State Governments to appoint Special Judges through an official notification in the Gazette.
• Section 4 (4): Imposes a two-year time limit for completing trials under the act, extendable by six months with recorded reasons, up to a maximum of four years.
• Section 5: Prescribes trial procedures and powers of the Special Judge as per the Criminal Procedure Code.
• Section 7: Addresses public servants obtaining undue advantage for improper performance, punishable by imprisonment up to 7 years and a fine.
• Section 8: Covers promising undue advantages to induce improper performance, with penalties for both the giver and taker of the bribe.
• Section 9: Pertains to bribing public servants by commercial organizations, extending liability to associated individuals.
• Section 12: Addresses abetment of offenses under the act, punishable by imprisonment up to 7 years and a fine.
• Section 13(1): Defines criminal misconduct by public servants, penalizing dishonest misappropriation with imprisonment up to 10 years.
• Section 14: Punishes habitual offenders with imprisonment up to 10 years for repeated offenses.
• Section 15: Specifies punishment for attempted offenses like misappropriation, with imprisonment up to 3 years.
• Section 17A: Deals with granting sanctions for prosecution, extending protection to cases involving immediate arrests for accepting undue advantages.
• Section 18 A: Applies provisions of the Criminal Law Amendment Ordinance, 1944, to attachments under this act.
• Section 29: Gives the central government the power to make rules for implementing the act effectively.

In India, corruption is pervasive, with over 70% of the population reportedly engaging in corrupt practices. This often involves offering bribes for faster resolution of issues or completion of tasks, perpetuating a culture of corruption and bribery.