Prevention of Corruption Act

Introduction

Corruption is made up of two words – corrupt and conduct. Corrupt means spoiled and conduct is related to behaviour. That is, the conduct which is immoral and unfair in any way. When a public servant, who has the right to take a decision by exercising discretion, takes an unfair decision for profit or greed, then it comes under the category of corruption and the person doing it is called a corrupt person. The root cause of corruption is due to the emergence of political class, which give priority to selfish programs and policies instead of adopting progressive programs and policies. Social dissatisfaction, bribery and nepotism of a public servant are also a reason for this. Apart from this, illiteracy, ignorance and poverty are also a major reason for this. According to the report of Transparency International, India is the most corrupt country in Asia, while Maldives and Japan are the most honest countries. In order to prevent corruption in India, the Prevention of Corruption Act has been passed, the main information related to which is as follows – 

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Key Terms

1. Election – The members of Parliament, Legislature, local authority or other public authority are elected by any means by any law.
2. Public Duty – That duty in the discharge of which the interest of the state, the public or the entire community is there.
3. Public Servant – Any person who is in the service of the Government or on its salary. For performing public duty, he receives salary / fees / commission from the government. All political officials and government officials come under the public servant.

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Special Judges and Their Powers

• Number of Judges – The Central Government / State Government shall, by notification in the Official Gazette, appoint such number of Special Judges as may be necessary for the trial of offences / cases / areas.
• Qualification to be appointed as Special Judge – Has been a Special Judge, Sessions Judge or Additional Sessions Judge or Assistant Sessions Judge under IPC 1973.
• Special Judge can take cognizance of offenses even without committing them for trial of the accused.
• Special Judge to obtain evidence of any person who is directly / indirectly connected with any offense / has been the main / abettor of the crime, on the condition of disclosing the full and true of all the circumstances relating to the offence, pardon him. can punish
• The Special Judge may, on conviction, pass any sentence, which is authorized by law.

Corruption Committed By a Person

1. Giving bribe to influence public servant by corrupt or illegal means – Any gratification of any kind taken by another person for himself or for any other person to be given to a public servant or to give to a public servant or attempts to give, he shall be punished with imprisonment for a term which shall be minimum 3 years and maximum 7 years and shall also be liable to fine.
2. Giving of gratification (bribery) to exert personal influence on public servant – Whoever, by his personal influence on public servant, gives gratification / attempts to do so, he shall be punished with imprisonment of either description for a term which may extend to three years, and shall be liable to fine. will also be punished with
3. Punishment to public servant – If the public servant receives gratification under the aforesaid offense i.e. under corrupt means and personal influence, then the public servant shall be punished with imprisonment of either description for a term which may extend to six months and not exceeding five years, and shall also be liable to fine. will be punished

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Criminal Misconduct or Corruption Committed By Public Servant

1. If the public servant receives any gratification other than the lawful remuneration.
2. Public servant obtains, or attempts to do, any valuable thing for himself or for any other person.
3. Dishonestly / fraudulently uses any property entrusted to or under his control as a public servant or otherwise converts the same or allows any other person to do so.
4. If the public servant –
   • Obtains any valuable thing or monetary benefit for himself or any other person by corrupt or illegal means.
   • By abusing his position as a public servant, he obtains for himself or any other person any valuable thing or pecuniary advantage.
   • By holding office as a public servant, he obtains for himself or any person any valuable thing or pecuniary benefit without any public interest.
5. If any person on his or his behalf is in possession of such pecuniary means and property not disproportionate to his known sources of income, or has been in possession during the period of his office, of which he is a public servant, – Can’t give Statement of account.

Punishment to the Public Servant

1. Punishment – For committing the above mentioned criminal misconduct, the public servant shall be punished with imprisonment of either description for a term which may extend to four years and not exceeding ten years, and shall also be liable to fine.
2. Matters to be taken into account for fixing the fine – The court, while fixing the amount of fine, shall have regard to the details of the pecuniary resource or property at the time of the offense committed by the public servant, which he is unable to give Statement of account.
3. Punishment for taking gratification (bribery) other than lawful remuneration for official work by public servant –
   • If a public servant receives or attempts to obtain (by whatever means) any gratification other than lawful remuneration, he shall be punished with imprisonment for a term which shall not be less than three years and with fine.
   • If that person is not a public servant and receives a gratification with the intention that in future he will be in the office of that public servant, then that person will be guilty of deceit, he shall commit the offense defined in this section. shall not be guilty of

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Persons Authorized to Investigate Corruption and Witnesses

The following officers may be appointed to inquire into corruption committed by a public servant, but the inquiry shall be conducted only when an order or warrant of arrest is issued by a Metropolitan Magistrate or a Magistrate of the first class.

1. In case of Delhi Special Police Establishment – ​​Inspector General of Police ( IG )
2. In the metropolitan areas of Mumbai, Calcutta, Madras and Ahmedabad and other areas notified as such – Assistant Commissioner of Police ( ACP )
3. Police officer of the rank of Deputy Superintendent of Police ( DSP ) or equivalent at other places
4. Officer authorized by the State Government – Provided that if a police officer of the rank of Inspector of Police or above and has been authorized by the State Government in this behalf by general/special order, he shall investigate such offence. For this he will not need the order of Metropolitan Magistrate or Magistrate of the first class or his arrest warrant.
5. Power to inspect banker’s books – On suspicion of having committed an offense in the bank or banker, the books of account may be inspected so far as there is doubt. In this behalf, there should be an officer of the rank of Superintendent of Police ( SP ) or above, who has been authorized.
6. Accused person himself to be a witness – According to this, any person charged with a punishable offense shall himself be a witness to defend himself and he may give evidence against any person charged with him.
7. Bribery-giver to be accused on his statement – If in proceeding against a public servant, by the person’s statement that he had consented to give any gratification or any valuable thing to that public servant. There shall be no prosecution against such person.

Requirement of Prior Sanction for Prosecution

Prior to prosecution of a public servant, the approval of-

1. Such public servant is employed in the affairs of the Union, and cannot be removed without the sanction of the Central Government.
2. Such a public servant is employed in the affairs of the State, and cannot be removed without the permission of the State Government.
3. In respect of any other person, whose removal from office requires the permission of the competent authority.

Army Acts to Come into Force

Nothing in this Act shall apply to the jurisdiction of any court or authority under the Army Act 1950, Air Force Act 1950, Navy Act 1957, Border Security Force Act 1968, Coast Guard Act 1978 and National Security Act 1986.

Appeal and Revision

Subject to the Prevention of Corruption Act, the High Court can exercise all the powers of appeal and revision, so far as they are applicable, that is, the work of the Special Court can be reviewed by the High Court.

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