Main provisions of the Prevention of Corruption Act, 1988 and some of the important features of the Lokpal and Lokayukta Act, 2013

1. Summary

2.  Act of bribery or misuse of public position
 India among top 3 most corrupted nations
 Politics, criminals and bureaucrats

3.  IPC – pre independent era
 Prevention of Corruption Act 1947
 Prevention of Corruption Act 1988
OTHER ANTI CORRUPTION LAWS
Right to Information Act 2005
Prevention of Money Laundering Act

4.  Section 2 of the PC Act, 1988 defines “Public Servant”
broadly. It says “ any person” who is :
i. In the service or pay of the Government or remunerated
by the Government;
ii. In the service or pay of a Local Authority;
iii. In the service or pay of a corporation established by or
under a Central, Provincial or State Act;
iv. Any Judge, delivering adjudicating functions;
v. Authorized by a Court of Justice
vi. Any arbitrator ;
vii. Empowered to prepare, publish, maintain or revise an
electoral roll or to conduct elections;

5. vii. Empowered to prepare, publish, maintain or revise an
electoral roll or to conduct elections;
viii. Authorized to perform public duty;
ix. President, Secretary or other office bearer of a
registered co-operative society
x. Chairman, member or employee of any Service
Commission or Board
xi. Public authority conducting examinations (Professor,
lecturer)
xii. An office-bearer or an employee of an educational,
scientific, social, cultural or other institution which
receives aid form the Government or local or other
public authority.

6.  M.L.A. /M.P. is a public servant
In Habibulla Khan v. State of Orissa (8 1993 Crl. L.J.
3604.)
 Minister is a public servant
In the case of M. Karunanidhi v. Union of India(AIR
1979 SC 898)
 Ex-public Servant can be prosecuted under P.C Act,
1988
The Calcutta High Court in Manmal v. State of West
Bengal (AIR 1974 Crl.L.J. 92 (Cal)

7.  The Central and the State Governments are empowered
to appoint Special Judges by placing a notification in
the Official Gazette.
 Indira Narayan Ganguly v. State of West Bengal19,
(1997)4crimes 334- any offence under this Act to be
tried by special judges.
 J. Jayalalitha v. Union of India( AIR 1999 SC 1912)
- discretion of the Government is not unfettered or
unguided.

8.  A Special Judge may take cognizance of offences
without the accused being committed to him for trial
 Tender pardon to obtain evidence
 CrPC provisions will apply to proceedings before
special judge.
 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.

9.  A public servant or a person expecting to be a public
servant renders himself guilty of an offence under
Section 7 of the PCAct, 1988:-
 if he accepts or obtains, or agrees to accept, or attempts
to obtain from some person a gratification;
 if such gratification is not a legal remuneration due to
him;
 if he accepts such gratification as a motive or reward;
a) doing or forbearing to do, an official, act, or
b) showing, or forbearing to show, favour or disfavour to
someone in the exercise of his official functions;or

10.  Section 8 & 9 of the Prevention of Corruption Act
1988 correspond to repealed Section 162 and 163 of
the Indian Penal Code(IPC). Under Sections 8 and 9 of
the PC Act, 1988 it is an offence for a person to accept
any gratification as a motive or reward for improperly
influencing a public servant by corrupt or illegal means
or by the exercise of personal influence.
 Section 10 corresponds to repealed section 164 of
IPC, prescribes punishment for offence under above
two sections as imprisonment for not less than 6
months which may extend to 5 years and fine.

11.  Section 11 corresponds to repealed section 165 of
IPC. A person agreeing or obtaining valuable thing
without consideration which is inadequate from any
person who is concerned with business by public
servant or any such person subordinate to him , shall be
punishable with imprisonment of not less than 6
months and not more than 5 years with fine.
 Section 12 corresponds to the repealed section 165A
of IPC. Under this Section, the offering of a bribe or a
valuable thing to a public servant without consideration
or for an inadequate consideration is an offence by
itself and not merely an offence of abetment.

12.  The offences specified under clauses (a) and (b) of Sec
13(1) of the Prevention of Corruption Act, 1988, have
the same ingredients as those specified in Section 7
and 11 of the Act. But there exists some differences.
 Sec 13(1)(c) corresponds to Section 5(1) (c) of the
repealed PC Act, 1947.
 Sec 13(1)(d) this clause corresponds to Sections
5(10)(d) of the repealed PC Act, 1947.
 Sec 13(1)(e) corresponds to Section 5(1) (e) of the
repealed PC Act.

13.  Sec 17: Persons authorised to investigate.
 Sec 18: Power to inspect banker’s books.
 Sec 20(1): Presumption where public servant accepts
gratification other than legal remuneration.
 Sec 20(2): A similar presumption is to be made against
the accused charged under Section 12 of the Act.
 Sec 20(3) : Exception to such presumption
 Sec 21: Accused person to be a competent witness.

14.  Not applicable to private sector whereas private
sector has a lot of corruption involved
 Delay in prosecuting
 The term “corruption” remains undefined creating
confusion
 No provision regarding confiscation of proceeds
from bribery

15. LOKPAL AND
LOKAYUKTA ACT
2013

16.  Lokpal at the Center- members not more than 8
 Chairperson & members (judicial and non judicial)
 Appointed by President
 Recommendation by Selection committee
 Selection committee
 Term for 5 years or attainment of 70 years
whichever is earlier
 Salary and allowances

17.  Inquiry wing for offences under Prevention of Corruption
Act
 Prosecution wing for complaint under Lokpal Act
 Jurisdiction of lokpal:
a) Prime Minister
b) All ministers of Parliament
c) Group A or B officers
d) Group C or D officers

18. I. Supervisory powers(S:25)
• Powers of superintendence, directions to Delhi
Special Police Establishment
• Central Vigilance Commission sends report to
Lokpal
• No officer or body in charge should be
transferred
• May appoint advocates other than government
advocates

19.  If Lokpal believes any document secreted , it may
search and force seizure of such document
 It will be in custody of person or authorised body till
the end of proceedings
 Lokpal to have powers of civil courts under CPC,1908:
summoning, examining oath, receiving evidence &
affidavits, examination of witnesses etc.(S:27)

20.  For conducting preliminary inquiry Lokpal may
utilise the services
 The person or agency whose services are utilised are
subjected to directions by Lokpal

21.  If lokpal believes that any person is in possession of
proceeds of corruption or such person accused of
corruption then such proceeds are concealed, transferred
or confiscated
 Ordered to attach the property and forward the copy to
special court in 90 days
 Order will cease after expiry of said period

22.  Lokpal directs prosecution wing to file application within
30 days
 Special Court if convinced then makes an order for
confirming attachment of property till the end of
proceedings
 Public servant if acquitted given compensation and
benefits
 If not, property goes to Central Govt

23. Lokpal has the power to transfer or suspend any
public servant in connection with corruption (S:32)
Lokpal may directions to prevent destruction of
records (S:33)
Lokpal may delegate any financial or administrative
powers to its members or officers (S:34)

24. No inquiry against members or chairperson.
They can be removed on grounds of
misbehavior when proved by Supreme Court
on being signed by at least 100 members of
parliament.
Can also be removed if insolvent, holding
office of profit or infirmity of mind and body
(S:37)

25.  Within 30 days of oath or entering into office, he is to
submit declaration of assets whose benefits are shared
by him, his spouse and his dependent children
 To be filed within 31st July
 Authority publishes the same on the website by 31st
August
SEC 45 says if he fails to do so or gives misleading
information: Assets presumed to be acquired by corrupt
means

27.  Body consisting of 50% of S.C/S.T/O.B.C: This defies
logic as question of merit and ability should always be
beyond caste and religion lines.
 Clean & accountability in governance