Prevention of Corruption Act, 1988

Provisions

The act consists of 31 sections spread across 5 chapters.

Chapter I: Preliminary

This chapter details the title, territorial extent and basic definitions under the law, etc. Two of the main definitions are of "public servant" and "undue advantage". Following are some sections in the other four chapters:

Chapter II: Appointment of Special Judges

Section 3: Appointment of special Judges

Power To Appoint Special Judges: The Central and the State Government is empowered to appoint Special Judges by placing a Notification in the Official Gazette, to try the following offences:

• Any offence punishable under this Act.
• Any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified under the Act.

The qualification for the Special Judge is that he should be or should have been a Session Judge or an Additional Session Judge or Assistant Session Judge under the Code of Criminal Procedure, 1973

Section 4: Cases triable by special Judges

The offences punishable under this act can be tried by special Judges only. When trying any case, the special Judge is empowered to try any offence other than an offence punishable under this act, with which the accused may be charged at the same trial. It is recommended that the special Judge should hold the trial daily.

Case Trial By Special Judges: Every offence mentioned in Section 3(1)shall be tried by the Special Judge for the area within which it was committed. When trying any case, a Special Judge may also try any offence other than what is specified in S. 3, which the accused may be, under Cr.P.C. be charged at the same trial. The Special Judge has to hold the trial of an offence on day-to-day basis. However, while complying with foretasted, it is to be seen that the Cr.P.C. is not bifurcated.

Section 5: Procedure and powers of special Judge

The following are the powers of the Special Judge: He may take cognizance of the offences without the accused being commissioned to him for trial. In trying the accused persons, shall follow the procedure prescribed by the Cr.P.C. for the trial of warrant cases by Magistrate. he may with a view to obtain the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence, tender pardon to such person provided that he would make full and true disclosure of the whole circumstances within his knowledge or in respect to any person related to the offence.

Except as for S. 2(1), the provisions of Cr.P.C. shall apply to the proceedings before a Special Judge. Hence, the court of the Special Judge shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Judge shall be deemed to be a public prosecutor. The provisions of secs. 326 and 475 of the Cr.P.C. shall apply to the proceedings before a Special Judge and for purpose of the said provisions, a Special Judge shall be deemed to be a magistrate.

A Special Judge may pass a sentence authorized by law for the punishment of the offence of which a person is convicted. A Special Judge, while trying any offence punishable under the Act, shall exercise all powers and functions exercised by a District Judge under the Criminal Law Amendment Ordinance, 1944.

Power to try summarily: Where a Special Judge tries any offence specified in Sec. 3(1), alleged to have been committed by a public servant in relation to the contravention of any special order referred to in Sec.12-A(1) of the Essential Commodities Act, 1955 or all orders referred to in sub-section (2)(a) of that section then the special judge shall try the offence in a summarily way and the provisions of s. 262 to 265 (both inclusive) of the said code shall as far as may be apply to such trial. Provided that in the case of any conviction in a summary trial under this section this shall be lawful for the Special Judge to pass a sentence of imprisonment for a term not exceeding one year. However, when at the commencement of or in the course of a summary trial it appears to the Special Judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or it is undesirable to try the case summarily, the Special judge shall record all order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear and re-hear the case in accordance with the procedure prescribed by the said code for the trial of warrant cases by Magistrates. Moreover, there shall be no appeal by a convicted person in any case tried summarily under this section in which the Special Judge passes a sentence of imprisonment not exceeding one month and of fine not exceeding Rs. 2000.

Chapter III: Offences and penalties

The following are the offences under the PCA along with their punishments:- Obtaining an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly, etc., and if the public servant is found guilty, he shall be punishable with imprisonment which shall be not less than 3 years but which may extend to 7 years and shall also be liable to fine.

• Taking gratification in order to influence public servant, by corrupt or illegal means, shall be punishable with imprisonment for a term which shall be not less than three year but which may extend to seven years and shall also be liable to fine.
• Taking gratification, for exercise of personal influence with public servant shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
• Abetment by public servant of offences defined in Section 8 or 9, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
• Public servant obtaining valuable thing without consideration from person concerned in proceeding or business transacted by such public servant, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
• Punishment for abetment of offences defined in Section 7 or 11 shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
• Any public servant, who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to 7 years and shall also be liable to fine.
• Habitual committing of offence under Section 8, 9 and 12 shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to 7 years and shall also be liable to fine.
• Prevention to the Corruption Act considers non-performance of public duty as an offence. Thus, non-performance of duty by public servants for which they are morally, legally and constitutionally mandated to do, is a form of corruption.

Chapter IV: Investigation

Investigation shall be done by a police officer not below the rank of:

• In case of Delhi Special Police Establishment, of an Inspector of Police.
• In metropolitan areas, of an Assistant Commissioner of Police.
• Elsewhere, of a Deputy Superintendent of Police or an officer of equivalent rank shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a magistrate of first class, or make any arrest therefore without a warrant.

If a police officer not below the rank of an Inspector of Police is authorized by the State of Government in this behalf by general or special order, he may investigate such offence without the order of a Metropolitan Magistrate or Magistrate of First class or make arrest therefor without a warrant.

Provided further that an offence referred to sec 13.1.e shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police. Any such investigation without the order of a SP or above rank will be dismissed.