PREVENTION OF CORRUPTION ACT 1988 To consolidate amend the Law relating to the Prevention of Corruption and for matters connected therewith.
Act in force for 3 decades Many developments Ratification by India of UNCAC (United Nations Convention against Corruption), The International practice on treatment of offence of bribery and corruption Judicial pronouncements Have necessitated a review of the existing provisions
The Prevention of Corruption (Amendment) Act 2018 (Act No. 16 of 2018) received the assent of the President on 26-07-2018. vide notification S.O 3664 (e) issued notification on 26/7/2018
The Highlights of the Amendments of the PC (Amendment) Act 2018.
Section 2(aa) ‘‘prescribed’’ means prescribed by rules Section 2(d) “undue advantage” means any gratification whatever, other than legal remuneration.
Section 4 Trial on day to day basis. Trial should be concluded within 2 years otherwise special Judge shall record the reasons. But not exceeding 6 months at a time Provided such extended period shall not exceed 4 years in aggregate.
Offence relating to public servant being bribed . Section 7 (a) To establish offence under this section it must be proved that Accused was a Public Servant. Obtained or accepted or attempted to obtain from any person. Undue advantage With the intention • To perform or cause to performance of public duty, improperly or dishonestly or • To forbear or cause forbearance to perform public duty. • either by himself or by another public servant
Section 7 (b) Obtained or accepted or attempted to obtain, Undue advantage from any person as a reward for improper or dishonest performance of public duty or for bearing to perform such duty either by himself or by another public servant
Section 7 (c) Performed or induceed another public servant to perform improperly or dishonestly a public duty Or to forbear performance of such duty • in anticipation or • in consequence of accepting an undue advantage from any person
Section 7 (c) Punishment - imprisonment of not less than 3 years, may extend to 7 years and fine.
Explanation to Sec.7 1) Obtaining or accepting or attempting to obtain an undue advantage itself constitutes an offence even if the performance of a public duty by public servant is not improper or has not been improper Explanation. 2(i) Public Servant obtains or accepts or attempts to obtain. an undue advantage for himself. or for any other person. • by abusing his official position or • by using his person influence over another public servant or • by any other corrupt or illegal means.
Explanation. 2(ii) It is immaterial Whether the person to whom an undue advantage is given Or promised to be given. The same person as the person who is to perform. Or has performed. The Public duty concerned. and it shall also be immaterial. Whether such undue advantage is given Or promised to be given. By the person directly or Through a third party.
Section 7 (A) Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence.
Section 7 (A) Whoever accepted or obtained or attempted to obtain. From another person fro himself or For any other person Any undue advantage. As a motive or reward to induce a public servant.
Offence relating to bribing of a Public Servant. Sec.8 (1) Any person Who gives or promises to give An undue advantage . To another person or persons With intention i) To induce a public servant to perform improperly a public duty; or ii) To reward such public servant for the improper performance of public duty.
Sec.8 (1) Punishment – 7 years or fine or both.
This section is not applicable for the bribe giver. If he is compelled to give “Undue Advantage” lodges a report to investigating agency within 7 days from the date of giving undue advantage. When the offence is committed by commercial organisations, Such commercial organisation shall be punishable with fine.
Explanation 8(i): It is immaterial whether the person to whom the bribe is given has the capacity to perform the public duty or not and the bribe is given by the person directly or through a third party . Sec. 8(2) The bribe giver who assists investigating agency is not liable for prosecution.
Sec. 9(1) Offence relating to bribing a public servant by a commercial organisation. If any person associated with any commercial organisation. Gives undue advantages to a puclic servant. Intending. To obtain or retain business for such commercial organisation or To obtain or retain an advantage in the conduct of business for such commercial organisation; Such organisation shall be punishable with fine.
Sec. 9(2) A person is said to give an undue advantage to a public servant, If he is alleged to have committed the offence under section 8. whether or not such person has been prosecuted for such offence.
Sec.9(3) Commercial organization means A body incorporated in India to carry business in India or outside. A body incorporated outside India to carry business in any part of India.
Sec.9(4) Section 7A, 8 & 9 shall be cognizable. ( As per II schedule of Cr P.C if the offence punishable with imprisonment of 3 years and upwards are cognizable offences i.e the offences u/s 7 is also cognizable offence).
Sec.10 Person in charge of commercial organisation to be guilty of offence. such director, manager, secretary or other officer shall be guilty of the offence. Punishment of imprisonment three years to seven years and shall also be liable to fine.
Undue Advantage Sec. 11 Public Servant accepted or obtained or attempted to Obtain an undue advantage. Without consideration from any person. concerned in any proceeding. connected with official function or official duty. of himself or any public servant. to whom he is subordinate. Punishment of imprisonment for 6 months – 5 years and shall also be liable to fine .
Punishment for abetment of offences. Sec. 12 a person is said to have committed offence. If he abets any offence punishable under this Act, whether or not that offence is committed In consequence of that abetment, Punishment with three years - seven years and fine”.
Criminal Misconduct by a Public Servant. Sec. 13 13(1)(a) a public servant is said to commit the offence of criminal misconduct, if he dishonestly or fraudulently misappropriates any property entrusted to him as a public servant or allows any other person so to do; or
Sec. 13 13(1)(b) A Public Servant is said to committed offence of criminal misconduct. if he intentionally enriches himself illicitly during the period of his office.
Explanation 1 . A person shall be presumed to have intentionally enriched himself illicitly. If he or any person on his behalf is in possession of or has been in possession of pecuniary resources or property disproportionate to his known sources of income which the public servant cannot satisfactorily account for. Explanation 2. — ‘‘known sources of income’’ means income received from any lawful sources”.
Sec. 13(2) Punishment- 4 years – 10 years.
Punishment for Habitual Offender Sec. 14 Whoever convicted of an offence under this Act subsequently commits an offence. shall be punishable with imprisonment not less than Five years – Extended to ten years.
Sec. 15 A Public Servant attempts to commit an offence u/s 13(1) (a) (i.e., misappropriation of any property entrusted to him dishonestly or fraudulently ) shall be liable for punishment not less than 3 years may be extended to 5 years and fine.
Sec. 16 Where a sentence of fine is imposed u/s 7, 8, 9, 10, 11, 13 (2) & 14 or 15, the court in fixing the amount of fine Shall take into consideration the amount or the value of the property which the accused has obtained by committing the offence.
Persons Authorized to investigate. Sec. 17 An officer of the rank of Inspector in the case of DSPE in Metropolitan areas – ACP Else where Dy. S.P . shall investigate any offence punishable under this Act without order of Magistrate or make any arrest without a warrant.
Sec.17A Enquiry or inquiry or investigation of offences relatable to recommendations made or any decision taken by public servant in discharge of official functions or duties.
Sec.17A No approval is necessary in case of arrest of person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person.
The competent authority shall convey its decision within 3 months, which may be extended for one month, for the reasons to be recorded in writing.
Power to Inspect Bankers Books Sec. 18 Investigating Officer may inspect any bankers, books relating to accounts of persons suspected of offence and take certified copies of relevant entries of and the bank concerned shall bound to assist the police officer.
Chapter IV(A) Attachment & Forfeiture of Property Sec. 18A The provisions of the Prevention of Money Laundering Act 2002 The provisions of Criminal Law Amendment Ordinance, 1944. shall apply to the attachment, administration of attached property and execution of order of attachment or confiscation of money or property.
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