Table of Contents(toc)
CHAPTER-I: PRELIMINARY
1. Short title and extent-
(1)
This Act may be called the Prevention of Corruption Act, 1988.
(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India outside India.
2. Definitions-
In this Act, unless the context otherwise requires,-
(a)
"election" means any election, by whatever means held under
any law for the purpose of selecting members of Parliament or of any
Legislature, local authority or other public authority;
(b)
"public duty" means a duty in the discharge of which the
State, the public or the community at large has an interest;
Explanation: In this clause "State" includes 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.
(c) "public servant" means-
(i)
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;
(ii)
any person in the service or pay of a local authority ;
(iii)
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;
(iv)
any Judge, including any person empowered by law to discharge, whether by himself
or as a member of any body of persons, any adjudicatory functions;
(v)
any person authorised by a court of justice to perform any duty, in connection
with the administration of justice, including a liquidator, receiver or
commissioner appointed by such court;
(vi)
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;
(vii)
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;
(viii)
any person who holds an office by virtue of which he is authorised or required
to perform any public duty;
(ix)
any person who is the president, secretary or other office-bearer of a
registered co-operative society engaged in agriculture, industry, trade or
banking, receiving or having received any financial aid from the Central
Government or a State Government or from any corporation established by or
under a Central, Provincial or State Act, or any authority or body owned or
controlled or aided by the Government or a Government company as defined in
section 617 of the Companies Act, 1956;
(x)
any person who is a chairman, member or employee of any Service Commission or
Board, by whatever name called, or a member of any selection committee
appointed by such Commission or Board for the conduct of any examination or
making any selection on behalf of such Commission or Board;
(xi)
any person who is a Vice-Chancellor or member of any governing body, professor,
reader, lecturer or any other teacher or employee, by whatever designation
called, of any University and any person whose services have been availed of by
a University or any other public authority in connection with holding or
conducting examinations;
(xii)
any person who is an office-bearer or an employee of an educational,
scientific, social, cultural or other institution, in whatever manner
established, receiving or having received any financial assistance from the
Central Government or any State Government, or local or other public authority.
Explanation
1: Persons falling under any of the above sub-clauses are public servants,
whether appointed by the Government or not.
Explanation 2: Wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
CHAPTER II: Appointment of Special Judges
3. Power to appoint special Judges. -
(1)
The Central Government or the State Government may, by notification in the. Official
Gazette, appoint as many special Judges as may be necessary for such area or
areas or for such case or group of cases as may be specified in the
notification to try the following offences, namely: -
(a)
any offence punishable under this Act; and
(b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a).
(2) A person shall not be qualified for appointment as a special Judge under this Act unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973.
4. Cases triable by special Judges.-
(1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or
in any other law for the time being in force, the offences specified in
sub-section (1) of section 3 shall be tried by special Judges only.
(2)
Every offence specified in sub-section (1) of section 3 shall be tried by the
special Judge for the area within which it was committed, or, as the case may
be, by the special Judge appointed for the case, or where there are more
special Judges than one for such area, by such one of them as may be specified
in this behalf by the Central Government.
(3)
When trying any case, a special Judge may also try any offence, other than an
offence specified in section 3, with which the accused may, under the Code of
Criminal Procedure. 1973, be charged at the same trial.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a special Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.
5. Procedure and powers of special Judge. -
(1)
A special Judge may take cognizance of offences without the accused being
committed to him for trial and, in trying the accused persons, shall follow the
procedure prescribed by the Code of Criminal Procedure, 1973. for the trial of
warrant cases by Magistrates.
(2)
A special Judge may, with a view to obtaining the evidence of any person
supposed to have been directly or indirectly concerned in or privy to, an
offence, tender a pardon to such person on condition of his making a full and
true disclosure of the whole circumstances within his knowledge. relating to
the offence and to every other person concerned, whether as principal or
abettor, in the commission thereof and any pardon so tendered shall, for the
purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal
Procedure, 1973, be deemed to have been tendered under section 307 of that
Code.
(3)
Save as provided in sub-sections (1) or sub-section (2), the provisions of the
Code of Criminal Procedure, 1973, shall, so far as they are not inconsistent
with this Act, apply to the proceedings before a special Judge; and for the
purposes of the said provisions, the Court of the special Judge shall be deemed
to be a Court of Session and the person conducting a prosecution before a
special Judge shall be deemed to be a public prosecutor.
(4)
In particular and without prejudice to the generality of the provisions
contained in sub-section (3), the provisions of sections 326 and 475 of the
Code of Criminal Procedure, 1973, shall, so for as may be, apply to the
proceedings before a special Judge and for the purposes of the said provisions,
a special Judge shall be deemed to be a Magistrate.
(5)
A special Judge may pass upon any person convicted by him any sentence
authorised by law for the punishment of the offence of which such person is
convicted.
(6)
A special Judge, while trying an offence punishable under this Act, shall
exercise all the powers and functions exercisable by a District Judge under the
Criminal Law Amendment Ordinance, 1944.
6. Power to try summarily. -
(1)
Where a special Judge tries any offence specified in sub-section (1) of section
3, alleged to have been committed by a public servant in relation to the
contravention of any special order referred to in sub-section (1) of section
12A of the Essential Commodities Act, 1955 or of an order referred to in clause
(a) of sub-section (2) of that section, then, notwithstanding anything
contained in sub-section (1) of section 5 of this Act or section 260 of the
Code of Criminal Procedure, 1973, the special Judge shall try the offence in a
summary way, and the provisions of sections 262 to 265 (both inclusive) of the
said Code shall, as far as may be, apply to such trial:
Provided that, in the
case of any conviction in a summary trial under this section, it shall be
lawful for the special Judge to pass a sentence of imprisonment for a term not
exceeding one year:
Provided further that
when at the commencement of, or in the course of, a summary trial under this
section, it appears to the special Judge that the nature of the case is such
that a sentence of imprisonment for a term exceeding one year may have to be
passed or that it is, for any other reason, undesirable to try the case
summarily, the special Judge shall, after hearing the parties, record an order
to that effect and thereafter recall any witnesses who may have been examined
and proceed to hear or re-hear the case in accordance with the procedure
prescribed by the said Code for the trial of warrant cases by Magistrates.
(2)
Notwithstanding anything to the contrary contained in this Act or in the code
of Criminal Procedure, 1973, there shall be no appeal by a convicted person in
any case tried summarily under this section in which the special Judge passes a
sentence of imprisonment not exceeding one month, and of fine not exceeding two
thousand rupees whether or not any order under section 452 of the said Code is
made in addition to such sentence, but an appeal shall lie where any sentence
in excess of the aforesaid limits is passed by the special Judge.
CHAPTER III: Offences and Penalties
7. Public servant taking gratification other than legal remuneration in respect of an official act .-
Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.
Explanations. -
(a)
"Expecting to be a public servant." If a person not expecting
to be in office obtains a gratification by deceiving others into a belief that
he is about to be in office, and that he will then serve them, he may be guilty
of cheating, but he is not guilty of the offence defined in this section.
(b)
"Gratification." The word "gratification" is not
restricted to pecuniary gratifications or to gratifications estimable in money.
(c)
"Legal remuneration." The words "legal remuneration"
are not restricted to remuneration which a public servant can lawfully demand,
but include all remuneration which he is permitted by the Government or the
organisation, which he serves, to accept.
(d)
"A motive or reward for doing." A person who receives a
gratification as a motive or reward for doing what he does not intend or is not
in a position to do, or has not done, comes within this expression.
(e)
Where a public servant induces a person erroneously to believe that his
influence with the Government has obtained a title for that person and thus
induces that person to give the public servant, money or any other
gratification as a reward for this service, the public servant has committed an
offence under this section.
8. Taking gratification, in order, by corrupt or illegal means, to influence public servant.-
Whoever accepts or obtains, or agrees to accept, or
attempts to obtain, from any person, for himself or for any other person, any
gratification whatever as a motive or reward for inducing, by corrupt or
illegal means, any public servant, whether named or otherwise, to do or to
forbear to do any official act, or in the exercise of the official functions of
such public servant to show favour or disfavour to any person, or to render or
attempt to render any service or disservice to any person with the Central
Government or any State Government or Parliament or the Legislature of any
State or with any local authority, corporation or Government company referred
to in clause (c) of section 2, or with any public servant, whether named or
otherwise, shall be punishable with imprisonment for a term which shall be not
less than six months but which may extend to five years and shall also be
liable to fine.
9. Taking gratification, for exercise of personal influence with public servant.-
Whoever accepts or obtains or agrees to accept or
attempts to obtain, from any person, for himself or for any other person, any
gratification whatever, as a motive or reward for inducing, by the exercise of
personal influence, any public servant whether named or otherwise to do or to
forbear to do any official act, or in the exercise of the official functions of
such public servant to show favour or disfavour to any person, or to render or
attempt to render any service or disservice to any person with the Central
Government or any State Government or Parliament or the Legislature of any
State or with any local authority, corporation or Government company referred
to in clause (c) of section 2, or with any public servant, whether named or
otherwise, shall be punishable with imprisonment for a term which shall be not
less than six months but which may extend. to five years and shall also be liable
to fine.
10. Punishment for abetment by public servant of offences defined in section 8 or 9.-
Whoever, being a public servant, in respect of whom
either of the offences defined in section 8 or section 9 is committed, abets
the offence, whether or not that offence is committed in consequence of that
abetment, shall be punishable with imprisonment for a term which shall be not
less than six months, but which may extend to five years and shall also be
liable to fine.
11. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant.-
Whoever, being a public servant, accepts or obtains
or agrees to accept or attempts to obtain for himself, or for any other person,
any valuable thing without consideration, or for a consideration which he knows
to be inadequate, from any person whom he knows to have been, or to be, or to
be likely to be concerned in any proceeding or business transacted or about to
be transacted by such public servant, or having any connection with the
official functions of himself or of any public servant to whom he is
subordinate, or from any person whom he knows to be interested in or related to
the person so concerned, shall be punishable with imprisonment for a term which
shall be not less than six months but which may extend to five years and shall
also be liable to fine.
12. Punishment for abetment of offences defined in section 7 or 11.-
Whoever abets any offence punishable under section 7
or section 11 whether or not that offence is committed in consequence of that
abetment, shall be punishable with imprisonment for a term which shall be not
less than six months, but which may extend to five years and shall also be
liable to fine,
13. Criminal misconduct by a public servant.-
(1) A public servant is said to commit the offence of criminal
misconduct,-
(a)
if he habitually accepts or obtains or agrees to accept or attempts to obtain
from any person for himself or for any other person any gratification other than
legal remuneration as a motive or reward such as is mentioned in section 7; or
(b)
if he habitually accepts or obtains or agrees to accept or attempts to obtain
for himself or for any other person, any valuable thing without consideration
or for a consideration which he knows to be inadequate from any person whom he
knows to have been, or to be, or to be likely to be concerned in any proceeding
or business transacted or about to be transacted by him, or having any
connection with the official functions of himself or of any public servant to
whom he is subordinate, or from any person whom he knows to be interested in or
related to the person so concerned; or
(c)
if he dishonestly or fraudulently misappropriates or otherwise converts for his
own use any property entrusted to him or under his control as a public servant
or allows any other person so to do; or
(d)
if he,-
(i)
by corrupt or illegal means, obtains for himself or for any other person any
valuable thing or pecuniary advantage; or
(ii)
by abusing his position as a public servant, obtains for himself or for any
other person any valuable thing or pecuniary advantage; or
(iii)
while holding office as a public servant, obtains for any person any valuable
thing or pecuniary advantage without any public interest; or
(e)
if he or any person on his behalf, is in possession or has, at any time during
the period of his office, been in possession for which the public servant
cannot satisfactorily account, of pecuniary resources or property
disproportionate to his known sources of income.
Explanation:
For the purposes of this section, "known sources of income" means
income received from any lawful source and such receipt has been intimated in
accordance with the provisions of any law, rules or orders for the time being
applicable to a public servant.
(2)
Any public servant who commits criminal misconduct shall be punishable with
imprisonment for a term which shall be not less than one year but which may
extend to seven years and shall also be liable to fine.
14. Habitual committing of offence under sections 8, 9 and 12.-
Whoever habitually commits-
(a) an offence
punishable under section 8 or section 9; or
(b) an offence punishable under section 12, shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine.
15. Punishment for attempt. -
Whoever attempts to commit an offence referred to in
clause (c) or clause (d) of sub-section (1) of section 13 shall be punishable
with imprisonment for a term which may extend to three years and with fine.
16. Matters to be taken into consideration for fixing fine. -
Where a sentence of fine is imposed. under sub-section (2) of section 13 or section 14, the court in fixing the amount of the fine shall taken into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence or where the conviction is for an offence referred to in clause (e) of sub-section (1) of section 13, the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily.
CHAPTER IV: Investigation into cases under the Act
17. Persons authorised to investigate.-
Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, no police officer below the rank,-
(a)
in the case of the Delhi Special Police Establishment, of an Inspector of
Police;
(b)
in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any
other metropolitan area notified as such under sub-section (1) of section 8 of
the Code of Criminal Procedure, 1973, of an Assistant Commissioner of Police;
(c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant:
Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant:
Provided further that an offence referred to in clause (e) of
sub-section (1) of section 13 shall not be investigated without the older of a
police officer not below the rank of a Superintendent of Police.
18. Power to inspect bankers' books.-
If from information received or otherwise, a police officer 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, it is necessary to inspect any bankers’ books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers’ books in so far as they relate to the accounts of the persons suspected to have committed that offence or of any other person suspected to be holding money on behalf of such person, and take or cause to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist the police officer in the exercise of his powers under this section:
Provided that no power under this section in relation to the accounts
of any person shall be exercised by a police officer below the rank of a
Superintendent of Police, unless he is specially authorised in this behalf by a
police officer of or above the rank of a superintendent of Police.
Explanation:
In this section, the expressions "bank" and "bankers’
books" shall have the meanings respectively assigned to them in the
Bankers’ Books Evidence Act, 1891.
19. Previous sanction necessary for prosecution. -
(1)
No court shall take cognizance of an offence punishable under section 7, 10,
11, 13 and 15 alleged to have been committed by a public servant, except with
the previous sanction,-
(a)
in the case of a person who is employed in connection with the affairs of the
Union and is not removable from his office save by or with the sanction of the
Central Government, of that Government;
(b)
in the case of a person who is employed in connection with the affairs of a
State and is not removable from his office save by or with the sanction of the
State Government, of that Government;
(c) in the case of any other person, of the authority competent to remove him from his office.
(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.
(3) Notwithstanding anything contained in the code of Criminal
Procedure, 1973,-
(a)
no finding, sentence or order passed by a special Judge shall be reversed or
altered by a Court in appeal, confirmation or revision on the ground of the
absence of, or any error, omission or irregularity in, the sanction required
under sub-section (1), unless in the opinion of that court, a failure of
justice has in fact been occasioned thereby;
(b)
no court shall stay the proceedings under this Act on the ground of any error,
omission or irregularity in the sanction granted by the authority, unless it is
satisfied that such error, omission or irregularity has resulted in a failure
of justice;
(c) no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings.
(4) In determining under subsection (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.
Explanation. -For the purposes of this section,-
(a)
error includes competency of the authority to grant sanction;
(b)
a sanction required for prosecution includes reference to any requirement that
the prosecution shall be at the instance of a specified authority or with the
sanction of a specified person or any requirement of a similar nature.
20. Presumption where public servant accepts gratification other than legal remuneration.-
(1)
Where, in any trial of an offence punishable under section 7 or section 11 or
clause (a) or clause (b) of sub-section (1) of section 13 it is proved that an
accused person has accepted or obtained or has agreed to accept or attempted to
obtain for himself, or for any other person, any gratification (other than
legal remuneration) or any valuable thing from any person, it shall be
presumed, unless the contrary is proved, that he accepted or obtained or agreed
to accept or attempted to obtain that gratification or that valuable thing, as
the case may be, as a motive or reward such as is mentioned in section 7 or, as
the case may be, without consideration or for a consideration which he knows to
be Inadequate.
(2)
Where in any trial of an offence punishable under section 12 or under clause
(b) of section 14, it is proved that any gratification (other than legal
remuneration) or any valuable thing has been given or offered to be given or
attempted to be given by an accused person, it shall be presumed, unless the
contrary is proved, that he gave or offered to give or attempted to give that
gratification or that valuable thing, as the case may be, as a motive or reward
such as is mentioned in section 7, or, as the case may be, without
consideration or for a consideration which he knows to be inadequate.
(3)
Notwithstanding anything contained in sub-section (1) and (2), the court may
decline to draw the presumption referred to in either of the said sub-sections,
if the gratification or thing aforesaid is, in its opinion, so trivial that no
inference of corruption may fairly be drawn.
21. Accused person to be a competent witness.-
Any person charged with an offence punishable under this Act, shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that-
(a)
he shall not be called as a witness except at his own request;
(b)
his failure to give evidence shall not be made the subject of any comment by
the prosecution or give rise to any presumption against himself or any person
charged together with him at the same trial;
(c)
he shall not be asked, and if asked shall not be required to answer, any
question tending to show that he has committed or been convicted of any offence
other than the offence with which he is charged, or is of bad character,
unless-
(i)
the proof that he has committed or been convicted of such offence is admissible
evidence to that he is guilty of the offence with which he is charged, or
(ii)
he has personally or by his pleader asked any question of any witness for the
prosecution with a view to establish his own good character, or has given
evidence of his good character, or the nature or conduct of the defence is such
as to involve imputations on the character of the prosecutor or of any witness
for the prosecution, or
(iii)
he has given evidence against any other person charged with the same offence.
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications -
The provisions of the Code of Criminal Procedure, 1973, shall in their
application to any proceeding in relation to an offence punishable under this
Act have effect as if,-
(a)
in sub-section (1) of section 243, for the words "The accused shall then
be called upon", the words "The accused shall then be required to
give in writing at once or within. such time as the Court may allow, a list of
the persons (if any) whom he proposes to examine as his witnesses and of the
documents (if any) on which he proposes to rely and he shall then be called
upon" had been substituted;
(b)
in sub-section (2) of section 309, after the 'third proviso, the following
proviso had been inserted, namely: -
"Provided
also that the proceeding shall not be adjourned or postponed merely on the
ground that an application under section 397 has been made by a party to the
proceeding.";
(c)
after sub-section (2) of section 317, the following sub-section had been
inserted, namely:-"(3) Notwithstanding anything contained in sub-section
(1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be
recorded by him, proceed with inquiry or trial in the absence of the accused or
his pleader and record the evidence of any witness subject to the right of the
accused to recall the witness for cross-examination.";
(d) in sub-section (1) of section 397, before the Explanation, the following proviso had been inserted, namely: -
"Provided that where the powers under this section are exercised by a Court on an application made by a party to such proceedings, the Court shall not ordinarily call for the record of the proceedings: -
(a)
without giving the other party an opportunity of showing cause why the record
should not be called for; or
(b)
if it is satisfied that an examination of the record of the proceedings may be
made from the certified copies.".
23. Particulars in a charge in relation to an offence under section 13(1) (c).-
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, when an accused is charged with an offence under clause (c) of sub-section (1) of section 13, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been committed , and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219 of the said Code:
Provided that the time included between the first and last of such
dates shall not exceed one year.
24. Statement by bribe giver not to subject him to prosecution.-
Notwithstanding anything contained in any law for
the time being in force, a statement made by a person in any proceeding against
a public servant for an offence under sections 7 to 11 or under section 13 or
section 15, that he offered or agreed to offer any gratification (other than
legal remuneration) or any valuable thing to the public servant, shall not
subject such person to a prosecution under section 12.
25. Military, Naval and Air Force or other law not to be affected.-
(1)
Nothing in this Act shall affect the jurisdiction exercisable by, or the
procedure applicable to, any court or other authority under the Army Act. 1950,
the Air Force Act, 1950, the Navy Act, 1957, the Border Security Force Act,
1968, the Coast Guard Act, 1978 and the National Security Guard Act, 1986.
(2)
For the removal of doubts, it is hereby declared that for the purposes of any
such law as is referred to in sub-section (1), the court of a special Judge
shall be deemed to be a court of ordinary criminal justice.
26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act. -
Every special Judge appointed under the Criminal Law
Amendment Act, 1952,, for any area or areas and is holding office on the
commencement of this Act shall be deemed to be a special Judge appointed under
section 3 of this Act for that area or areas and, accordingly, on and from such
commencement, every such Judge shall continue to deal with all the proceedings
pending before him on such commencement in accordance with the provisions of
this Act.
27. Appeal and revision.-
Subject to the provisions of this Act, the High
Court may exercise, so far as they may be applicable, all the powers of appeal
and revision conferred by the Code of Criminal Procedure, 1973 on a High Court
as if the court of special Judge were a court of Session trying cases within
the local limits of the High Court.
28. Act to be in addition to any other law.-
The provisions of this Act shall be in addition to,
and not in derogation of, any other law for the time being in force, and
nothing contained herein shall exempt any public servant from any proceeding
which might, apart from this Act, be instituted against him.
29. Amendment of the Ordinance 38 of 1944.-
In the Criminal Law Amendment Ordinance, 1944,-
(a)
in sub-section (1) of section 3, sub-section (1) of sector 9, clause (a) of
section 10, sub-section (1) of section 11 and sub-section (1) of section 13,
for the words "State Government", wherever they occur, the words
"State Government or, as the case may be, the Central Government"
shall be substituted;
(b) in section 10, in clause (a), for the words " three months", the words "one year" shall be substituted;
(c) in the Schedule,-
(i)
paragraph 1 shall be omitted;
(ii)
in paragraphs 2 and 4,-
(a)
after the words "a local authority", the words and figures "or a
corporation established by or under a Central, Provincial or State Act, or an
authority or a body owned or controlled or aided by Government or a Government
company as defined in section 617 of the Companies Act, 1956 or a society aided
by such corporation, authority. body or Government company" shall be
inserted;
(b)
after the words "or authority", the words "or corporation or
body or Government company or society" shall be inserted;
(iii)
for paragraph 4A, the following paragraph shall be substituted, namely: -
"4A. An offence punishable under the Prevention of Corruption Act,
1988.";
(iv) in paragraph 5, for the words and figures "items 2, 3 and 4", the words, figures and letter "items 2, 3, 4 and 4A" shall be substituted.
30. Repeal and saving.-
(1)
The Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952
are hereby repealed.
(2) 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 shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken, under or in pursuance of the corresponding provision of this Act.
31. Omission of certain sections of Act 45 of 1860.-
Sections 161 to 165A (both inclusive) of the Indian
Penal Code shall be omitted, and section 6 of the General Clauses Act, 1897,
shall apply to such omission as if the said sections had been repealed by a
Central Act.
|
Section |
Offence |
Penalty |
|
Section 07 |
Offence relating to public
servant being bribed (Public servant obtaining undue advantage) |
Imprisonment
for a term which shall not be less than three years, but which may extend to
seven years and shall also be liable to fine
|
|
Section 07A |
Taking
undue advantage to influence public servant by corrupt or illegal means or by
exercise of personal influence |
Imprisonment
for a term which shall not be less than three years, but which may extend to
seven years and shall also be liable to fine
|
|
Section 08 |
Offence
relating to bribing of a public servant If the person is compelled to give a
bribe and the same is reported to law enforcement authority, punishment is
not applicable |
Imprisonment
for a term which may extend to seven years or with fine or with both.
|
|
Section 09 |
Offence
relating to bribing a public servant by a commercial organization |
Such
commercial organisation shall be punishable with fine (Commercial
organization has to prove that it had in place adequate procedures in
compliance of such guidelines as may be prescribed to prevent persons
associated with it from undertaking such conduct) |
|
Section 10 |
Person
in charge of commercial organisation to be guilty of offence (offence
committed with the consent or connivance of any director, manager, secretary
or other officer) |
Such
director, manager, secretary or other officer shall be guilty of the offence
and shall be liable to be proceeded against and shall be punishable with
imprisonment for a term which shall not be less than three years, but which
may extend to seven years and shall also be liable to fine |
|
Section 11 |
Public
servant obtaining undue advantage without consideration from person concerned
in proceeding |
Imprisonment
for a term which shall be not less than six months, but which may extend to
five years and shall also be liable to fine |
|
Section 12 |
Punishment
for abetment of offences |
Imprisonment
for a term which shall not be less than three years, but which may extend to
seven years and shall also be liable to fine |
|
Section 13 |
Criminal
misconduct by a public servant (misappropriation of properties or illicit
enrichment) |
Imprisonment
for a term which shall be not less than four years, but which may extend to
ten years and shall also be liable to fine. |
|
Section 14 |
Punishment
for habitual offenders |
Imprisonment
for a term which shall not be less than five years, but which may extend to
ten years and shall also be liable to fine. |
|
Section 15 |
Punishment
for attempt |
Imprisonment
for a term which shall not be less than two years, but which may extend to
five years and with fine |
