Short Summary of Prevention of Corruption Act

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The Prevention of Corruption Act came into force in September 1988.

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It con consol solida idated ted the pro provis vision ions s of the Pre Preve venti ntion on of Corrup Corruptio tion n Act Act,, 19!, some sections of the Indian Penal Code, the Criminal Procedure Code, and the Criminal "a# Act, 19$%.

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The so sole le id idea ea #a #as s to br brin in& & al alll rel relev evan antt pro provi visi sion ons s in a si sin&l n&le e Ac Act. t. 'ind 'i ndin in& & th that at br brib ibery ery an and d co corru rrupt ptio ion n am amon on& & pu publ blic ic se serva rvant nts s ha had d considerably increased durin& and after the Second (orld (ar and many ma ny un unsc scrup rupul ulou ous s of offi fice cers rs ha had d am amas asse sed d hu hu&e &e #e #eal alth th,, an and d th the e e)istin& provisions of the IPC and the CrPC #ere inade*uate to tac+le this problem, the Prevention of Corruption Act, 19! #as passed.

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The 19! Act declared such corrupt acts offences as ta+in& bribe, misappropriation, obtainin& a pecuniary advanta&e, possessin& assets disappropriate to income, and abusin& official position. -o#ever, the auth au thor orit ity y

forr fo

pros pr osec ecut utio ion n

#as #a s

vest sted ed

only on ly

in

the th e

dep de par artm tmen entt

authorities and not in the Central ureau of Investi&ation /CI0. •

The 1988 Act enlar&ed the scope of the term public servant2 and in cluded a lar&e number of employees #ithin its ambit.

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esi e side des s th the e em empl ploy oyee ees s of th the e ce cent ntral ral &o &ov vern ernme ment nt an and d th the e un union ion territories,

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 the employees of public underta+in&s,

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the employees of nationalised ban+s,

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officebearers of cooperative societies of the central and the state &overnment receivin& financial aid,

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employees

of

the

3niversity

4rants

Commission

/34C0,

vice

chancellors, professors, and scientists in institutions receivin& finan cial aid from the central or state &overnments or even from the local authorities have all been declared as public servants. •

-o#ever, 5Ps and 5"As, even thou&h performin& public duties2, have been +ept out of the ambit of the Act.

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The Act covers all the corrupt2 acts as covered by the 19! Act, /bribe, misappropriation, obtainin& pecuniary advanta&e, possessin& assets disproportionate to income, etc.0. The Act e)tends to #hole of  India e)cept 6ammu and 7ashmir and applies to all Indian citiens, #hether livin& in the country or outside it.

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If the offence a&ainst the public servant is proved in the courts, it is punishable #ith imprisonment of not less than  months but e)tendin& to a ma)imum period of $ years. Si) months imprisonment is thus mandatory and the courts have no discretion in this re&ard.

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If public servant is found committin& offence habitually, he is to be punished #ith imprisonment of not less than t#o years but not more than seven years, and also a fine.

5.".A. :5.P. is a public servant ; In -abibulla 7han v. State of