TIPS 15 ON THE PREVENTION OF CORRUPTION ACT, 1988

(Incorporated the latest amendment of 2018)

GUIDELINES ON THE PREVENTION OF CORRUPTION ACT, 1988 IN A NUTSHELL

📋 Basic Information

1. The Prevention of Corruption Act, 1988 was enacted as:
Answer: Act 49 of 1988

2. The Prevention of Corruption Act, 1988 was enacted on:
Answer: 09.09.1988

3. Section 1 deals with:
Answer: Short title and extent

4. Section 2 deals with:
Answer: Definitions

📖 Definitions

5. "Public servant" has been defined in which section?
Answer: Section 2(c)

6. The term "Public Servant" includes twelve categories:
(i) Any person in the service or pay of Government
(ii) Any person in the service or pay of a local authority
(iii) Any person in the service or pay of a corporation, authority or body and a Government company
(iv) Any Judge
(v) Any person authorised by court to perform any duty
(vi) Any arbitrator

7. "Undue advantage" means:
Answer: Any gratification whatever other than legal remuneration [Section 2(d)]

8. "Gratification" is not limited to:
Gratifications estimable in money [Explanation (a) under Section 2(d)]

⚖️ Special Judges

9. Section 3 deals with appointment of Special Judges:
The Central Government or State Government may appoint required Special Judges.
Qualification: Must be or have been a Sessions Judge or Additional Sessions Judge or Assistant Sessions Judge.

10. Section 4 deals with "Cases triable by special Judges":
• Every offence under section 3(1) shall be tried by special Judges
• Special Judge may try other offences in same trial
• Time limit: Day-to-day trial, conclude within 2 years (extendable up to 4 years)

🚨 Offences and Penalties

13. Section 7 - Public servant being bribed:
Penalty: Imprisonment 3-7 years + fine
Applies whether undue advantage obtained directly or through third party

16. Section 7-A - Taking undue advantage to influence public servant:
Penalty: Imprisonment 3-7 years + fine
(Related to messenger/mediator)

17. Section 8 - Bribing of a public servant:
Penalty: Imprisonment up to 7 years or fine or both

24. Section 13 - Criminal misconduct by public servant:
Penalty: Imprisonment 4-10 years + fine

🔍 Investigation and Prosecution

31. Section 17 - Persons authorized to investigate:
• Delhi Special Police Establishment: Inspector of Police
• Metropolitan areas: Assistant Commissioner of Police
• Elsewhere: Deputy Superintendent of Police or equivalent

33. Section 17-A - Previous approval required for investigation:
No enquiry/inquiry/investigation without previous approval
Decision within 3 months (extendable by 1 month)

36. Section 19 - Previous sanction necessary for prosecution:
No court shall take cognizance without previous sanction
Decision on sanction proposal within 3 months