Penal Provisions Pertaining to Bribery and Corruption Among Public Servants

Topics: Government, Civil service, Criminal law Pages: 21 (5311 words) Published: October 2, 2013
CHAPTER VI
PENAL PROVISIONS PERTAINING TO BRIBERY AND CORRUPTION AMONG PUBLIC SERVANTS General
1.1. The Prevention of Corruption Act, 1988 (No.49 of 1988) has been enacted to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. It received the assent of the President on 9th September, 1988 and has come into force from that date in terms of Section 5 of the General Clauses Act, 1897. The new Act repeals the Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952. It also omits Sections 161 to 165-A (both inclusive) of the Indian Penal Code. However, notwithstanding such repeal, but without prejudice to the application of section 6 of the General Clauses Act, 1897, anything done or any action taken or purported to have been done or taken under or in pursuance of the Acts so repealed, in so far as it is not inconsistent with the provisions of the new Act, shall be deemed to have been done or taken under or in pursuance of the corresponding provisions of the new Act.

1.2 Some of the major changes brought into the Prevention of Corruption Act, 1988, are as under:a) The definition of ‘public servant’ has been enlarged ; b) A new concept of public duty has been introduced for the first time [Section 2 (c)(viii);

c) Minimum sentence of six months has been prescribed for the offences committed under the Act. The Courts have been denied any discretion, either for special or adequate reasons, to reduce the sentence from six months;

d) The State Government or as the case may be, the Central Government has now the power to make an application to the District Judge for the attachment of the money or property which is believed to have been acquired by the public servant by corrupt means; e) The concept of “known sources of income” has undergone a

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radical change. This now means not only the income received
from any lawful sources but also that such receipt has been
intimated in accordance with the provisions of any law, rules or orders for the time-being applicable to the public servant. 2. Definition of Public Servant
2.1 The definition of public servant has been enlarged so as to include the office-bearers of the registered co-operative societies receiving any financial aid from the government, of from a Government Corporation/ Company, the employees of universities, Public Service Commissions, and Banks etc. Section 2 (c) of the Prevention of Corruption Act, 1988, defines the public servant as under:i)

ii)
iii)

iv)
v)

vi)
vii)
viii)

Any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty;
Any person in the service or pay of a local authority;
Any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the
Government or a Government company as defined in section 617 of the Companies Act, 1956; Any judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicator functions;

Any person authorised by a court of justice to perform any
duty, in connection with the administration of justice, including a liquidator, receiver of commissioner appointed by such court;
Any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority;
Any person who holds an office by virtue of which he is
empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; Any person who holds an office by virtue of which he is
authorised or required to perform any public duty;

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