THE PREVENTION OF CORRUPTION ACT, 1988

What is the official name of the legislation?

THE PREVENTION OF CORRUPTION ACT, 1988.

What is the Act Number assigned to this legislation?

It is Act No. 49 of 1988.

When did the Act officially come into effect (date of assent)?

September 9th, 1988.

What is the primary purpose or objective of this Act?

Its purpose is to consolidate and amend the existing law relating to the prevention of corruption.

In which year of the Republic of India was this Act enacted?

It was enacted by Parliament in the Thirty-ninth Year of the Republic of India.

CHAPTER I

PRELIMINARY

Which provision the Prevention of Corruption Act, 1988 deal with “Short title and extent”?

Section 1

What is the official short title of this Act?

The official title is the Prevention of Corruption Act, 1988.

What is the territorial scope of this Act within India?

It extends to the whole of India.

Does the Act apply to Indian citizens who are outside of India?

Yes, the Act applies also to all citizens of India outside India.

Which provision the Prevention of Corruption Act, 1988 deal with “Definitions”?

Section 2

What does the term "election" refer to within the Act (Section 2(a))?

"Election" means any selection process held under law for choosing members of Parliament, any Legislature, a local authority, or other public authority.

What does the word "prescribed" mean in the context of this Act (Section 2(aa))?

"Prescribed" means something defined by rules officially made under this specific Act.

Q: What is the definition of "public duty" (Section 2(b))?

"Public duty" means a duty where the State, the public, or the community at large has a vested interest in its discharge.

Q: What entities are included in the definition of "State" for the purpose of "public duty"?

The "State" includes government-owned/controlled corporations, authorities, bodies, and Government companies as defined in the Companies Act, 1956.

Who is considered a public servant under Section 2(c)(i)?

Any person in the service or pay of the Government, or anyone remunerated by the Government for performing a public duty.

Are employees of local authorities covered?

Yes, any person in the service or pay of a local authority is a public servant (Section 2(c)(ii)).

Are employees of Government-owned corporations or aided bodies included?

Yes, employees of corporations, authorities, or bodies owned, controlled, or aided by the Government are considered public servants (Section 2(c)(iii)).

Does the definition include members of the judiciary?

Yes, any Judge or person empowered by law to discharge adjudicatory functions is a public servant (Section 2(c)(iv)).

Are people appointed by courts for specific tasks included?

Yes, individuals like liquidators, receivers, or commissioners authorized by a court in connection with the administration of justice are public servants (Section 2(c)(v)).

Are arbitrators considered public servants under this Act?

Yes, arbitrators or others appointed by a court or public authority to make a decision or report are public servants (Section 2(c)(vi)).

Does the definition cover individuals involved in conducting elections?

Yes, any person holding an office that empowers them to prepare electoral rolls or conduct an election is a public servant (Section 2(c)(vii)).

What is the general catch-all definition for a public servant?

Any person who holds an office by virtue of which they are authorized or required to perform any public duty is a public servant (Section 2(c)(viii)).

Are office-bearers of a cooperative society considered public servants?

Yes, if the society is registered, engaged in specific sectors (agriculture, banking, etc.), and receives financial aid from the government or a government-controlled entity (Section 2(c)(ix)).

Does the definition include people working for selection bodies or service commissions?

Yes, any chairman, member, or employee of a Service Commission/Board, or a member of a selection committee, is a public servant (Section 2(c)(x)).

Are university staff covered by this Act?

Yes, the definition includes Vice-Chancellors, professors, lecturers, teachers, and any university employee, as well as those conducting examinations on the university's behalf (Section 2(c)(xi)).

What about employees of educational or social institutions?

They are included if their institution receives financial assistance from the Central Government, a State Government, a local authority, or any other public authority (Section 2(c)(xii)).

What is the definition of "undue advantage" (Section 2(d))?

"Undue advantage" means any gratification whatsoever, other than legal remuneration.

Is "gratification" limited only to money?

No, the Explanation clarifies that "gratification" is not limited to monetary items or things estimable in money.

What does "legal remuneration" include?

"Legal remuneration" includes all pay, fees, or commissions that the government or the organization employing the public servant officially permits them to receive.

Does it matter how a public servant was officially appointed for this Act to apply (Explanation 1)?

No, persons falling under the public servant definition are considered public servants whether they were officially appointed by the Government or not.

What happens if a person is acting as a public servant but might have a technical legal defect in their appointment (Explanation 2)?

Wherever the words "public servant" occur, they apply to every person who is in actual possession of that situation, regardless of any legal defect in their right to hold that office.

CHAPTER II

APPOINTMENT OF SPECIAL JUDGES

Which provision the Prevention of Corruption Act, 1988 deal with “Power to appoint special Judges”?

Section 3

Who has the authority to appoint Special Judges under the Act?

The Central Government or the State Government.

How are these appointment officially announced?

By notification in the Official Gazette.

For what purpose are these Special Judges appointed?

To try specific offences under the Prevention of Corruption Act within a defined area or for a specific case/group of cases.

Which specific types of offences fall under the Special Judge's jurisdiction?

Any offence punishable under the Act, as well as any conspiracy, attempt, or abetment of those offences.

What is the mandatory judicial qualification required to be appointed as a Special Judge?

The person must be currently or previously a Sessions Judge, an Additional Sessions Judge, or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973.

Which provision the Prevention of Corruption Act, 1988 deal with “Cases triable by special Judges”?

Section 4

Who exclusively tries offences under the Prevention of Corruption Act?

Only a Special Judge appointed under Section 3 can try these cases.

Can these cases be tried in regular criminal courts (e.g., under the standard CrPC)?

No, Section 4 mandates that despite anything in the Code of Criminal Procedure, all specified offences "shall be tried by special Judges only."

Which specific Special Judge hears a case if multiple are available in an area?

The Central Government specifies which particular Special Judge will hear the case if there are multiple appointed for the same area.

When trying a corruption case, can the Special Judge also hear other, non-corruption charges against the same accused?

Yes, the Special Judge can try other connected offences if the accused can be legally charged with them at the same trial under the standard Criminal Procedure Code.

How often should trials for these offences be held?

Trials should be held, as far as practicable, on a day-to-day basis.

What is the target timeframe for concluding a trial under this Act?

An endeavor must be made to conclude the trial within a period of two years.

What happens if a trial is not concluded within the two-year target?

The Special Judge must record the specific reasons in writing for the delay.

Can the trial period be extended beyond two years?

Yes, the period can be extended by further periods of up to six months at a time, with reasons recorded in writing.

What is the ordinary maximum aggregate time limit for concluding a trial, including extensions?

The total period, including extensions, shall not ordinarily exceed four years in aggregate.

Which provision the Prevention of Corruption Act, 1988 deal with “Procedure and powers of special Judge”?

Section 5

Can a Special Judge start a trial without a formal committal from a lower court?

Yes, a Special Judge may take cognizance of offenses directly without the accused being committed to him for trial.

What specific legal procedure must a Special Judge follow when conducting a trial?

The Special Judge shall follow the procedure prescribed by the Code of Criminal Procedure, 1973, for the trial of warrant cases by Magistrates.

Does a Special Judge have the power to offer a pardon to an accused person to get evidence?

Yes, a Special Judge may tender a pardon to any person involved in the offense, provided they make a full and true disclosure of all relevant circumstances.

What is the status of the Special Judge's Court when applying general criminal procedure laws?

The Court of the Special Judge shall be deemed to be a Court of Session for the purposes of the Code of Criminal Procedure, 1973.

What is the status of the lawyer conducting the prosecution in the Special Judge's court?

The person conducting the prosecution before a Special Judge shall be deemed to be a public prosecutor.

When does a Special Judge act as a 'Magistrate' rather than a 'Court of Session'?

For the specific application of CrPC Sections 326 (recording evidence) and 475, the Special Judge shall be deemed to be a Magistrate.

What is the extent of the sentencing power a Special Judge possesses?

A Special Judge may pass any sentence authorized by law for the punishment of the specific offense the person is convicted of.

Does the Special Judge exercise powers under older laws, such as the Criminal Law Amendment Ordinance, 1944?

Yes, the Special Judge exercises all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944, during the trial.

Which provision the Prevention of Corruption Act, 1988 deal with “Power to try summarily”?

Section 6

Does the Special Judge always follow the lengthy warrant case procedure?

No; for specific offences related to essential commodities violations by public servants, the Special Judge is required to conduct the trial in a summary way.

What laws govern the procedure for these specific summary trials?

Sections 262 to 265 of the Code of Criminal Procedure, 1973, apply to these summary proceedings.

What is the maximum sentence a Special Judge can impose during a summary trial under this section?

The Special Judge may lawfully pass a sentence of imprisonment for a term not exceeding one year.

Can the Special Judge stop a summary trial and revert to the regular procedure?

Yes, if the case appears too serious for the one-year limit or is otherwise unsuitable for summary disposal, the Judge must record an order and proceed with the standard warrant case procedure.

Are all convictions resulting from these summary trials appealable?

No, there is no right to appeal if the Special Judge passes a sentence of imprisonment not exceeding one month and a fine not exceeding two thousand rupees.

When does a convicted person have the right to appeal a summary conviction under this section?

An appeal shall lie where the Special Judge passes any sentence in excess of the limits of one month imprisonment or a fine exceeding two thousand rupees.

CHAPTER III

OFFENCES AND PENALTIES

Which provision the Prevention of Corruption Act, 1988 deal with “Offence relating to public servant being bribed”?

Section 7

What is the core offence defined by Section 7(a)?

A public servant obtaining, accepting, or attempting to obtain an undue advantage in return for performing their public duty improperly or dishonestly (or getting another public servant to do so).

What is the core offence defined by Section 7(b)?

A public servant obtaining or accepting an undue advantage as a reward for a past improper or dishonest performance (or forbearance) of a public duty.

What is the minimum punishment for a public servant convicted under Section 7?

Imprisonment for a term not less than three years, plus a fine.

What is the maximum punishment under Section 7?

Imprisonment that may extend up to seven years, plus a fine.

Does the public servant actually have to perform the duty improperly for the offence to be complete?

No; Explanation 1 clarifies that merely obtaining, accepting, or attempting to obtain the undue advantage is itself sufficient to constitute the offence.

A public servant, ‘S’ asks a person, ‘P’ to give him an amount of five thousand rupees to process his routine ration card application on time.

‘S’ is guilty of an offence under this section.

Does the "undue advantage" have to be for the public servant themselves?

No; Explanation 2 states it covers cases where the advantage is obtained for "himself or for another person."

Does it matter how the public servant obtains the advantage?

No; Explanation 2 specifies this can occur through abusing their position, using personal influence, or through any other corrupt or illegal means.

Does the undue advantage have to be accepted directly?

No; Explanation 2 states it is immaterial whether the advantage is obtained directly or through a third party.

Which provision the Prevention of Corruption Act, 1988 deal with “Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence”?

Section 7A

What behavior does Section 7A criminalize?

It criminalizes accepting or attempting to obtain an undue advantage as a bribe to influence a public servant to act improperly or dishonestly.

Does the person accepting the bribe have to be a public servant?

No, Section 7A applies to "Whoever," meaning any person who accepts a bribe to act as an influencer or middleman.

What is the purpose of the "undue advantage" in this scenario?

It serves as a motive or reward to induce a public servant to perform a duty improperly or to refrain from performing it.

Can influence be exerted through personal connections under this section?

Yes, the offence covers influence exerted by "corrupt or illegal means or by exercise of his personal influence."

Does the person have to obtain the advantage for themselves?

No, the offense is committed if the advantage is obtained for "himself or for any other person."

What is the minimum jail sentence for a conviction under Section 7A?

Imprisonment for a term which shall not be less than three years, plus a fine.

What is the maximum jail sentence possible under this section?

The imprisonment term may extend up to seven years, plus a fine.

Which provision the Prevention of Corruption Act, 1988 deal with “Offence relating to bribing of a public servant”?

Section 8

What behavior does Section 8(1) criminalize?

Giving or promising to give an undue advantage (a bribe) to induce a public servant to perform a duty improperly or as a reward for past improper performance.

What is the maximum punishment for bribing a public servant?

Imprisonment that may extend up to seven years, or with fine, or with both.

Does the bribe have to be given directly to the public servant concerned?

No, the Explanation clarifies that it is immaterial whether the person receiving the bribe is the same person as the one performing the duty.

Does it matter if the bribe is given directly or via an intermediary?

No, it is immaterial whether such undue advantage is given or promised to be given directly or through a third party.

Is it an offense if a person is forced to give a bribe (compelled)?

The first proviso states the section does not apply where a person is compelled to give the undue advantage.

What must a compelled person do after giving the bribe to avoid prosecution?

The second proviso requires the person to report the matter to a law enforcement authority or investigating agency within seven days of giving the advantage.

Is there an exception for individuals helping law enforcement agencies?

Yes, under Section 8(2), it is not an offense if a person informs the authorities first and then gives the advantage to assist in an ongoing investigation (e.g., a sting operation).

A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand rupees to ensure that he is granted a license, over all the other bidders.

‘P’ is guilty of an offence under this sub-section.

How is a commercial organization punished if it commits an offence under this section?

A commercial organization shall be punishable specifically with a fine.

Which provision the Prevention of Corruption Act, 1988 deal with “Offence relating to bribing a public servant by a commercial organisation”?

Section 9

When is a commercial organization liable for bribery?

When a person associated with it gives an undue advantage to a public servant to secure or retain business or a business advantage.

What is the punishment for the commercial organization itself?

The organization shall be punishable with a fine.

Can a commercial organization avoid liability for an associated person's bribery?

Yes, it is a legal defense if the organization can prove it had "adequate procedures" in place to prevent such misconduct.

Who is considered a "person associated" with a commercial organization?

Anyone who performs services for or on behalf of the organization, regardless of their formal employment status.

What exactly is a "commercial organisation" defined as in this section?

It includes both Indian and foreign-incorporated bodies or partnerships carrying on business in India or elsewhere.

Does "business" only mean sales and manufacturing?

No, "business" broadly includes a trade, profession, or providing a service.

Is the commercial organization still liable if the associated person who gave the bribe is not prosecuted?

Yes, liability under Section 9 applies whether or not the associated person has been prosecuted for the underlying offense under Section 8.

Does the job title or role of the person matter when determining their association with a commercial organization?

No, Explanation 1 state that the capacity (employee, agent, subsidiary, etc.) in which the person performs services does not matter.

How is it determined if someone is performing services "on behalf of" the organization?

Explanation 2 specifies this is determined by all relevant circumstances, not just the formal nature of the relationship.

Is there a legal assumption about employees in these cases?

Yes, Explanation 3 creates a presumption that an employee performs services for the organization unless the commercial organization proves otherwise.

Are the bribery offences under Sections 7A, 8, and 9 serious enough for immediate police action?

Yes, Section 9(4) makes these offences "cognizable," meaning police can arrest a suspect without a warrant.

Who is responsible for creating official guidelines to help organizations prevent bribery?

The Central Government is required to prescribe necessary guidelines for compliance by commercial organizations.

Which provision the Prevention of Corruption Act, 1988 deal with “Person in charge of commercial organisation to be guilty of offence”?

Section 10

Who is held responsible if a commercial organization commits a bribery offense under Section 9?

Any director, manager, secretary, or other officer of the organization.

What condition must be proven in court for these individuals to be found guilty?

It must be proven that the offense was committed with their "consent or connivance."

What happens to the individuals once their consent or connivance is proven?

They shall be guilty of the offense, proceeded against, and punished personally.

What is the minimum punishment for a convicted officer under Section 10?

Imprisonment for a term not less than three years, plus a fine.

What is the maximum punishment for a convicted officer under Section 10?

Imprisonment that may extend up to seven years, plus a fine.

In the case of a partnership firm, who is considered a "director" under this section?

The Explanation clarifies that "director" in relation to a firm means a partner in the firm.

Which provision the Prevention of Corruption Act, 1988 deal with “Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant”?

Section 11

What behavior does Section 11 criminalize?

A public servant accepting or attempting to obtain an undue advantage without consideration (or for inadequate consideration) from a person connected to their official duties.

Who is the person giving the advantage typically connected to?

Someone the public servant knows is involved in a proceeding or business that the public servant (or a subordinate) transacts or is about to transact.

Does it matter if the public servant accepts the advantage for themselves or someone else?

No, the offense is committed if the advantage is obtained "for himself, or for any other person."

Does the public servant need actual proof that the consideration provided was inadequate?

The offense occurs if the consideration is inadequate and the public servant "knows" it to be inadequate.

What is the minimum punishment for a conviction under Section 11?

Imprisonment for a term which shall not be less than six months, plus a fine.

What is the maximum punishment under Section 11?

Imprisonment that may extend up to five years, plus a fine.

Which provision the Prevention of Corruption Act, 1988 deal with “Punishment for abetment of offences”?

Section 12

What specific conduct does Section 12 penalize?

Section 12 penalizes "Whoever abets any offence punishable under this Act."

Does the main corruption offense actually have to be successfully committed for the abettor to be punished?

No, the abettor is punishable "whether or not that offence is committed in consequence of that abetment."

What is the minimum punishment for abetting a corruption offense?

Imprisonment for a term which shall not be less than three years, plus a fine.

What is the maximum punishment for abetment under this section?

Imprisonment that may extend to seven years, plus a fine.

Are abettors liable for a fine in addition to imprisonment?

Yes, the convicted person shall "also be liable to fine."

Which provision the Prevention of Corruption Act, 1988 deal with “Criminal misconduct by a public servant”?

Section 13

When is a public servant said to commit the offence of "criminal misconduct" under Section 13(1)(a)?

When they dishonestly or fraudulently misappropriate property entrusted to them or allow another person to do so.

What is the second form of criminal misconduct defined in Section 13(1)(b)?

Intentionally enriching oneself illicitly during the period of office.

How is "illicit enrichment" typically proven in court?

Explanation 1 states it is presumed if the public servant possesses property or resources disproportionate to their known lawful sources of income and cannot satisfactorily account for it.

What are "known sources of income" defined as?

Explanation 2 defines this as income received from any lawful sources.

What is the minimum punishment for a public servant convicted of criminal misconduct?

Imprisonment for a term which shall not be less than four years, plus a fine.

What is the maximum punishment for this offence?

Imprisonment that may extend up to ten years, plus a fine.

Which provision the Prevention of Corruption Act, 1988 deal with “Punishment for habitual offender”?

Section 14

Who does Section 14 apply to?

It applies to anyone who has already been convicted of an offense under the Prevention of Corruption Act and subsequently commits another offense under the same Act.

What is the minimum punishment for such a repeat offender?

Imprisonment for a term which shall not be less than five years, plus a fine.

Q: What is the maximum punishment for being a habitual offender under this Act?

Imprisonment that may extend up to ten years, plus a fine.

Q: Is a fine mandatory for a conviction under Section 14?

Yes, the offender "shall also be liable to fine" in addition to the rigorous imprisonment.

Which provision the Prevention of Corruption Act, 1988 deal with “Punishment for attempt”?

Section 15

What specific conduct does Section 15 penalize?

It penalizes attempts to commit the offence of criminal misconduct by dishonest misappropriation of property (defined in Section 13(1)(a)).

What is the minimum punishment for attempting this specific offence?

Imprisonment for a term which shall not be less than two years.

What is the maximum punishment for this attempt?

Imprisonment that may extend up to five years.

Is a fine mandatory for a conviction under Section 15?

Yes, the offender is punishable "with fine" in addition to the imprisonment.

Which provision the Prevention of Corruption Act, 1988 deal with “Matters to be taken into consideration for fixing fine”?

Section 16

When imposing a fine under various sections of the Act, what must the court consider?

The court must take into consideration the amount or value of the property/undue advantage the accused obtained through the offence.

Which specific sections of the Act does Section 16 apply to?

It applies to sentences of fine imposed under Sections 7, 8, 9, 10, 11, 13(2), 14, and 15.

For cases involving illicit enrichment (Section 13(1)(b)), what specifically does the court look at?

The court considers the value of the pecuniary resources or property that the accused person is unable to account for satisfactorily.

What is the overall principle of fixing the fine amount under Section 16?

The fine amount is directly related to the quantifiable benefit or disproportionate assets acquired by the accused person through their corruption.

CHAPTER IV

INVESTIGATION INTO CASES UNDER THE ACT

Which provision of the Prevention of Corruption Act, 1988 deals with “Persons authorised to investigate”?

Section 17

Can any police officer investigate a case under the Prevention of Corruption Act?

No, generally, no police officer below a specific, high rank is authorized to investigate these offenses.

What is the minimum rank for an investigating officer in the Delhi Special Police Establishment (DSPE)?

The officer must be an Inspector of Police (Section 17(a)).

What is the minimum rank in major metropolitan areas like Mumbai, Kolkata, Chennai, and Ahmedabad?

The officer must be an Assistant Commissioner of Police (Section 17(b)).

What is the minimum rank for investigations in other areas (elsewhere in India)?

The officer must be a Deputy Superintendent of Police or an officer of equivalent rank (Section 17(c)).

Can these officers arrest someone for a corruption offense without a warrant?

No, generally, they cannot make an arrest without a warrant or investigate without an order from a Metropolitan Magistrate or a Magistrate of the first class.

Can a State Government authorize a lower-ranked officer to investigate?

Yes, the first proviso allows a police officer not below the rank of an Inspector of Police to investigate without a Magistrate's order if specifically authorized by the State Government.

Is there a special rank requirement for investigating "illicit enrichment" cases (Section 13(1)(b))?

Yes, the second proviso mandates that such offenses cannot be investigated without the order of a police officer not below the rank of a Superintendent of Police.

Which provision of the Prevention of Corruption Act, 1988 deals with “Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties”?

Section 17A

When is prior approval necessary before a police officer can investigate a public servant?

Approval is required if the alleged offense is related to a recommendation made or decision taken by the public servant while discharging their official functions or duties.

Who grants the approval if the public servant works/worked for the Central (Union) Government?

The previous approval of the Central (Union) Government is required.

Who grants the approval if the public servant works/worked for a State Government?

The previous approval of the concerned State Government is required.

Who grants approval for other public servants (e.g., local bodies, PSUs)?

Approval must come from the authority competent to remove that person from their office.

Is approval always needed, especially during an arrest?

No, the first proviso states that no approval is necessary for cases involving the spot arrest of a person for accepting or attempting to accept a bribe (undue advantage).

How long does the sanctioning authority have to make a decision on the approval request?

The concerned authority must convey its decision within a period of three months.

Can this decision period be extended?

Yes, the period may be extended by a further one month, provided the authority records the reasons for the extension in writing.

Which provision of the Prevention of Corruption Act, 1988 deals with “Power to inspect bankers’ books”?

Section 18

Who has a power to inspect bankers’ books under section 18?

A police officer

A police officer can inspect a person's bankers' books under Section 18 if they have reason to suspect the commission of an offence and what else?

They consider it necessary for investigation or inquiry.

A Police officer has reason to suspect the commission of an offence which he is empowered to investigate under:

section 17

When does a police officer think that it is necessary to inspect any bankers’ books?

If he has reason to suspect the commission of an offence which he is empowered to investigate under section 17 and considers that for the purpose of investigation or inquiry into such offence,

The power to inspect bankers' books under Section 18 extends to which accounts?

Both the accounts of the person suspected of the offense and those holding money on their behalf.

Whether the bank concerned bound to assist the police officer to inspect any bankers’ books?

Yes

What is the minimum rank a police officer must hold to exercise the power under Section 18?

Superintendent of Police.

Can a police officer below the rank of a Superintendent of Police inspect a person's bankers' books under section 18?

Yes, only if he is specially authorised in this behalf by a police officer of or above the rank of a Superintendent of Police

The expressions “bank” and “bankers’ books” shall have the meanings respectively assigned to them in:

The Bankers’ Books Evidence Act, 1891 (18 of 1891).

CHAPTER IVA

ATTACHMENT AND FORFEITURE OF PROPERTY

CHAPTER IVA of the Prevention of Corruption Act, 1988 is inserted by:

Ins. by Act 16 of 2018, s. 13 (w.e.f. 26-7-2018).

Which provision of the Prevention of Corruption Act, 1988 deals with “Provisions of Criminal Law Amendment Ordinance, 1944 to apply to attachment under this Act”?

Section 18A

Section 18A of the Prevention of Corruption Act, 1988, makes the provisions of which specific legislation applicable for the attachment, management, and forfeiture of property?

The Criminal Law Amendment Ordinance, 1944

Section 18A was inserted into the Prevention of Corruption Act, 1988, by an amendment in which year?

2018

Section 18A begins with the saving clause: "Save as otherwise provided under the Prevention of Money Laundering Act, 2002...". What does this imply?

The PMLA, 2002, provides an alternative mechanism for attachment that can be used independently.

What is the primary purpose of applying the Criminal Law Amendment Ordinance, 1944, via Section 18A?

To provide a legal mechanism for the attachment and forfeiture of property acquired through corruption.

The application of the 1944 Ordinance to the 1988 Act via Section 18A makes specific modifications. In all provisions of the 1944 Ordinance, the reference to "District Judge" shall be construed as a reference to whom?

The Special Judge

According to Section 18A(1), where must an application for attachment, management, and forfeiture of property be made?

To the Special Judge

CHAPTER V

SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONS

Which provision of the Prevention of Corruption Act, 1988 deals with “Previous sanction necessary for prosecution”?

Section 19

Can a court immediately start a trial against a public servant for corruption offences (Sections 7, 11, 13, 15)?

No, Section 19(1) mandates that no court shall take cognizance of these offences without previous sanction from the appropriate government or authority.

Who grants the sanction if the public servant is employed by the Central (Union) Government and removable only by them?

The sanction is granted by the Central Government.

Who grants the sanction if the public servant is employed by a State Government and removable only by them?

The sanction is granted by the State Government.

Who grants sanction for other public servants (e.g., local bodies, PSUs)?

The sanction is given by the authority competent to remove them from their office.

Does Section 19 cover a person who has already retired or left their public office?

Yes, the Explanation confirms that "public servant" includes those who have ceased to hold the office during which the offence was allegedly committed.

How quickly must the government decide on a sanction request?

The appropriate Government must endeavor to convey its decision on the proposal within a period of three months from the date of receipt.

Can this 3-month period be extended if legal advice is needed?

Yes, the period may be extended by a further one month, provided the reasons are recorded in writing.

Can a private citizen directly ask the government for sanction to prosecute a public servant?

The first proviso states that a private person must first file a complaint in a competent court, and the court must direct them to obtain sanction, before the request can be made.

Must the public servant be given a chance to be heard before sanction is granted based on a private complaint?

Yes, the second proviso mandates that the appropriate authority shall not accord sanction without providing an opportunity of being heard to the concerned public servant.

Can a conviction be overturned just because there was an error in the sanction process?

No, Section 19(3)(a) states that a conviction shall not be reversed unless the court determines that the error or absence of sanction actually resulted in a "failure of justice."

Does an error in sanction automatically halt the court proceedings?

No, a court shall not stay proceedings unless it is satisfied that the error has resulted in a failure of justice (Section 19(3)(b)).

Can a court halt proceedings under this Act for any reason related to sanction errors?

Generally, no; Section 19(3)(c) dictates that no court shall stay proceedings on other grounds, nor exercise revision powers over interlocutory orders.

When determining if a sanction error caused an injustice, what factor should the court consider?

The court must consider whether the objection to the sanction should and could have been raised at an earlier stage in the proceedings (Section 19(4)).

Does "error" in the context of sanction include the authority's power to grant it?

Yes, the Explanation confirms that "error includes competency of the authority to grant sanction."

What does the requirement for "sanction" broadly cover?

The Explanation clarifies it covers any requirement that a prosecution must be initiated by a specific authority or with the approval of a specified person.

Which provision of the Prevention of Corruption Act, 1988 deals with “Presumption where public servant accepts any undue advantage”?

Section 20

A presumption under Section 20 of the Prevention of Corruption Act, 1988, is drawn in trials for which offences?

Both Section 7 and Section 11

What is the fundamental fact that the prosecution must prove for the court to raise a presumption under Section 20?

The public servant has accepted, obtained, or attempted to obtain any undue advantage.

What is the nature of the presumption created under Section 20?

It is a rebuttable presumption.

How can an accused public servant rebut the presumption raised against them under Section 20?

By proving their innocence on a balance of probabilities.

For the presumption under Section 20 to apply, is it necessary for the bribe amount to be substantial?

No, the court can exercise discretion, but the amount does not have to be substantial.

When can a court decline to draw the presumption under Section 20?

If the undue advantage is trivial and no inference of corruption can be fairly drawn.

The 2018 amendment to the Prevention of Corruption Act had what effect on Section 20?

It replaced the term "gratification" with "undue advantage".

What did the Supreme Court emphasize in the Dileepbhai Nanubhai Sanghani v. State of Gujarat (2025) case regarding Section 20?

The presumption under Section 20 cannot arise on the mere allegation of a demand and acceptance.

What is the significance of the phrase "unless the contrary is proved" in Section 20?

It allows the accused to rebut the presumption by adducing evidence to the contrary.

What shall be presumed, unless the contrary is proved where, in any trial of an offence punishable under section 7 or 11, it is proved that a public servant accused of an offence has accepted or obtained or attempted to obtain for himself, or for any other person, any undue advantage from any person?

that he accepted or obtained or attempted to obtain that undue advantage,

as a motive or reward under section 7 for performing a public duty improperly or dishonestly or,

without consideration or for a consideration which he knows to be inadequate under section 11.

Which provision of the Prevention of Corruption Act, 1988 deals with “Accused person to be a competent witness”?

Section 21

According to Section 21 of the Prevention of Corruption Act, 1988, an accused person can be a witness for which part of the legal proceedings?

The defence

As per Section 21, under what condition can an accused person be called as a witness?

At his or her own request

What is the effect of an accused person's failure to give evidence in their own defence, as stipulated in Section 21?

The failure cannot be made the subject of any comment by the prosecution.

When an accused person gives evidence under Section 21, they can do so on oath to do what?

Disprove the charges made against them or any person charged along with them.

An accused person testifying under Section 21 can be compelled to answer a question about a previous offense or bad character only if:

The proof of such previous offence is relevant to show that they are guilty of the current charge.

Under what circumstances can a question regarding the accused's character be asked, according to Section 21?

If the accused or their pleader has asked a question to establish the accused's good character.

Which fundamental right is protected by the provision in Section 21 that an accused cannot be called as a witness except at their

Right against self-incrimination (Article 20(3))

If an accused gives evidence against another person charged with the same offence, what is the consequence under Section 21?

It allows for questions to be asked about their previous offenses or bad character.

Section 21 of the Prevention of Corruption Act, 1988, is an exception to which general legal principle?

The principle that an accused person is not a competent witness for the prosecution against themselves.

Which provision of the Prevention of Corruption Act, 1988 deals with “The Code of Criminal Procedure, 1973 to apply subject to certain modifications”?

Section 22

How does the standard procedure for defense witnesses change in a P.C. Act case (Modification to CrPC Section 243)?

The accused must be required in writing to submit a list of their proposed witnesses and documents at once or within a time allowed by the court, before being called upon to present their defense.

Can a trial under the P.C. Act be simply adjourned because a revision application (under CrPC 397) has been filed?

No, Section 22(b) inserts a proviso into CrPC Section 309(2) stating that the proceeding shall not be adjourned or postponed merely on that ground.

Can a Special Judge proceed with a trial if the accused or their lawyer is absent?

Yes, under the inserted sub-section 317(3) CrPC, the Judge may, for recorded reasons, proceed with the inquiry or trial in their absence, subject to the accused's right to recall witnesses for cross-examination later.

When a court is asked to review records during a revision application (CrPC 397), must they always physically call for the original records?

No, the court should not ordinarily call for the original records if certified copies are sufficient or without giving the other party an opportunity to show cause (Section 22(d)).

Which provision of the Prevention of Corruption Act, 1988 deals with “Particulars in a charge in relation to an offence under section 13(1)(a)”?

Section 23

What is the main purpose of Section 23 of the Prevention of Corruption Act, 1988?

To simplify the framing of charges in cases of criminal misconduct under Section 13(1)(a).

As per Section 23, what is sufficient to describe in a charge related to an offense under Section 13(1)(a)?

The property in respect of which the offense was committed and the dates between which it was committed.

What is the maximum time period that can be included between the first and last dates mentioned in a charge under Section 23?

One year.

A charge framed according to the provisions of Section 23 of the Prevention of Corruption Act is considered valid as a charge of one offence under which section of the Code of Criminal Procedure or BNSS, 2023?

Section 219 of the Code of Criminal Procedure or section 242 of BNSS, 2023

Section 23 begins with the phrase "Notwithstanding anything contained in the Code of Criminal Procedure, 1973". What does this imply?

The provisions of Section 23 override any conflicting provisions in the Cr.P.C. or BNSS.

Sec 24 (Statement by bribe giver not to subject him to prosecution) of the Prevention of Corruption Act, 1988 was omitted by:

Omitted by the Prevention of Corruption (Amendment) Act, 2018 (16 of 2018), s. 17 (w.e.f. 26-7-2018).

Which provision of the Prevention of Corruption Act, 1988 deals with “Military, Naval and Air Force or other law not to be affected”?

Section 25

Which laws is specifically mentioned in Section 25(1) as being unaffected by the Prevention of Corruption Act, 1988?

the Army Act, 1950 (45 of 1950),

the Air Force Act, 1950 (46 of 1950),

the Navy Act, 1957 (62 of 1957),

the Border Security Force Act, 1968 (47 of 1968),

the Coast Guard Act, 1978 (30 of 1978) and

the National Security Guard Act, 1986 (47 of 1986).

For the purposes of the Navy Act, 1957 and all other acts specified in sub sec 1 of sec 25, how is the court of a Special Judge treated under Section 25(2)?

As a court of ordinary criminal justice.

Which provision of the Prevention of Corruption Act, 1988 deals with “Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act”?

Section 26

A Special Judge appointed under which Act is deemed to be a Special Judge under the Prevention of Corruption Act, 1988, according to Section 26?

The Criminal Law Amendment Act, 1952

As per Section 26, when did a Special Judge appointed under the Criminal Law Amendment Act, 1952 become a Special Judge under the 1988 Act?

On the date the 1988 Act came into force.

What happens to proceedings that were pending before a Special Judge when the 1988 Act commenced?

The Special Judge must start the proceedings again under the new Act.

Which section of the Criminal Law Amendment Act, 1952, dealt with appointing Special Judges before the 1988 Act?

Section 3

A Special Judge appointed under the Criminal Law Amendment Act, 1952, for a particular area will be considered a Special Judge for what area upon the 1988 Act's commencement?

The same area or areas for which they were appointed

Section 26 is primarily concerned with the _______ of Special Courts and pending cases under the new anti-corruption law.

Continuation

The main goal of Section 26 of the Prevention of Corruption Act, 1988, is to:

Ensure that ongoing cases are not interrupted by the new law.

What law came before the Criminal Law Amendment Act, 1952, regarding anti-corruption?

The Prevention of Corruption Act, 1947

Which provision of the Prevention of Corruption Act, 1988 deals with “Appeal and revision”?

Section 27

A person convicted by a Special Judge under the Prevention of Corruption Act, 1988, has the right to appeal to which court?

The High Court

Section 27 of the Prevention of Corruption Act grants the High Court powers of appeal and revision. These powers are conferred as if the court of the Special Judge were?

A Sessions Court

When exercising its powers under Section 27, the High Court is guided by the provisions of which other law?

The Code of Criminal Procedure, 1973 or BNSS, 2023

What is the effect of Section 27 of the Prevention of Corruption Act, 1988, regarding the High Court's jurisdiction?

It explicitly specifies the High Court's appellate and revisional powers in relation to Special Courts.

For the purpose of appeal and revision, what is the status of a Special Judge's court as per Section 27?

It is treated on par with a Sessions Court.

Which provision of the Prevention of Corruption Act, 1988 deals with “Act to be in addition to any other law”?

Section 28

What is the main principle established by Section 28 of the Prevention of Corruption Act, 1988?

This Act is in addition to, and not in derogation of, any other law in force.

A public servant accused of an offence under the Prevention of Corruption Act, 1988, is also subject to?

Other proceedings that might be instituted against them, apart from this Act.

If a government official is prosecuted under the Prevention of Corruption Act, 1988 for taking a bribe, can he also face disciplinary action under his service conduct rules?

Yes, because Section 28 allows for proceedings under other rules and laws.

What is an accurate interpretation of Section 28?

Action under the Prevention of Corruption Act does not provide immunity from actions under other laws.

Which provision of the Prevention of Corruption Act, 1988 deals with “Amendment of the Ordinance 38 of 1944”?

Section 29

Section 29 of the Prevention of Corruption Act, 1988, is concerned with amending which specific legislation?

The Criminal Law Amendment Ordinance, 1944

Who now holds the power previously granted only to the "State Government" in several sections of the 1944 Ordinance?

Section 29A(a) substitutes "State Government" with "State Government or, as the case may be, the Central Government," granting parallel power.

How was the time limit in Section 10(a) of the 1944 Ordinance changed?

The time limit was extended from "three months" to "one year" by Section 29A(b).

Which paragraph related to certain offenses was completely removed from the 1944 Ordinance Schedule?

Section 29A(c)(i) states that paragraph 1 of the Schedule shall be omitted.

What entities were added to paragraphs 2 and 4 of the Schedule (related to entities covered by the Ordinance)?

The definition was expanded to include corporations established by Central/State Acts, government-owned/controlled bodies, Government companies, and societies aided by such entities.

How was the P.C. Act, 1988, integrated into the Schedule of the 1944 Ordinance?

A new paragraph, "4A. An offence punishable under the Prevention of Corruption Act, 1988," was substituted into the Schedule (Section 29A(c)(iii)).

Which specific items in paragraph 5 of the Schedule were updated to include the new P.C. Act offenses?

The reference was updated from "items 2, 3 and 4" to include the newly inserted item "4A" (Section 29A(c)(iv)).

Which provision of the Prevention of Corruption Act, 1988 deals with “Power to make rules”?

Section 29A

Section 29A of the Prevention of Corruption Act, 1988 is inserted by:

Ins. by Act 16 of 2018, s. 18 (w.e.f. 26-7-2018) (the Prevention of Corruption (Amendment) Act, 2018)

Who is empowered to make rules for carrying out the provisions of the Prevention of Corruption Act, 1988, under Section 29A(1)?

The Central Government

According to Section 29A(1), where must the rules made by the Central Government be published?

In the Official Gazette

Section 29A(2) of the Act, which provides specific instances of rule-making power, does so "without prejudice to the generality of the foregoing power." What does this phrase imply?

The Central Government can make rules on matters beyond those specifically listed in sub-section (2).

Section 29A(2)(a) allows for rules concerning guidelines for which entities, as outlined in Section 9 of the Act?

Commercial organisations

Under Section 29A(2)(b), rules can be made regarding the guidelines for sanction of prosecution under which specific part of the Act?

Section 19(1)

Section 29A(3) requires every rule made under the Act to be laid before each House of Parliament for a specific period. What is this period?

A total period of thirty days

As per Section 29A(3), if both Houses of Parliament agree to a modification of a rule, what happens to the rule?

The rule takes effect only in the modified form.

If both Houses of Parliament agree that a rule should not be made, what is the consequence?

The rule is not made and has no effect.

What is the impact of a modification or annulment of a rule on something previously done under that rule?

It does not affect the validity of anything previously done.

Which provision of the Prevention of Corruption Act, 1988 deals with “Repeal and saving”?

Section 30

Which Acts were repealed by Section 30(1) of the Prevention of Corruption Act, 1988?

The Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952

As per Section 30(2) of the Act, any action taken under the repealed Acts is deemed to be done under the 1988 Act, provided that it is not:

Inconsistent with the provisions of the 1988 Act.

The saving clause in Section 30(2) is without prejudice to the application of which section of the General Clauses Act, 1897?

Section 6 of the General Clauses Act, 1897 (10 of 1897)

What is the effect of Section 30 on ongoing investigations and prosecutions started under the old Acts?

They can continue under the 1988 Act as if initiated under its corresponding provisions.

Section 31 of the Prevention of Corruption Act, 1988 was repealed by:

[Omission of certain sections of Act 45 of 1860.] Rep. by the Repealing and Amending Act, 2001(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).