PREVENTION OF CORRUPTION ACT

Offences under the Act Public servant taking gratification other than legal remuneration as a motive or reward for doing or not doing an official act (Section 7) Any person taking gratification to induce a public servant by corrupt or illegal means to do or not to an official act (Section 8) Any person taking gratification to induce by exercise of personal influence, a public servant to do or not to do an official act (Section 9)

Offences Public servant in respect of whom either of the above two offences is committed, abetting the offence (Section 10) Public servant obtaining valuable thing without consideration or for inadequate consideration from person concerned in the business or proceedings transacted by such public servant (Section 11) Abetting any offence punishable under section 7 or 11 (Section 12)

Offences Public servant habitually committing an offence punishable under section 7 or 11 [Ss. 13 (1) (a) and (b)] Public servant dishonestly misappropriates or converts to his own use property entrusted to him as public servant [S.13(1)(c)

Offences Public servant obtains by corrupt or illegal means, any valuable thing or pecuniary advantage. Public servant obtains any valuable thing or pecuniary advantage by abusing his office. While holding office as public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest. [S.13(1)(d)]

Offences Public servant or any person on his behalf possessing assets which are disproportionate to the known sources of income [Section 13 (1) (e)] Any person habitually committing an offence punishable under sections 8, 9 & 12 (Section 14) Attempt to commit an offence under section 13 (1) (c) or section 13 (1) (d). (Section 15)

Investigation into cases under the Act The officers empowered to investigate the cases under the Act are: –In case of Delhi Special Police Establishment, an Inspector of Police –In Metropolitan areas, an Assistant Commissioner of Police –In other places, a Deputy Superintendent of Police

Investigation State Government can authorize any other officer not below the rank of Inspector of Police to investigate the offence. Disproportionate assets cases should not be investigated without the orders of a police officer not below the rank of Superintendent of Police.

Sanction for Prosecution (Section 19) No court to take cognizance of an offence punishable under sections 7, 10, 11, 13 or 15 alleged to have been committed by the public servant except with previous sanction of –Central Government - in the case of persons employed and removable from office with sanction of Central Government –State Government in the case of persons employed and removable from office with sanction of State Government –Authority competent to remove him from his office in the case of any other person

Rules of Evidence in Corruption Cases (Section 20) Presumption where public servant accepts gratification other than legal remuneration or valuable thing without consideration Presumption where the public servant is offered or given illegal gratification or valuable thing by any person.

Trial of Offences under the Act (Sections 3 to 6) By Special Judges –appointed by the Central Government or State Government –to be of the rank of Sessions Judge or Assistant Sessions Judge –to take cognizance of offences without the accused being committed for Trial. Appeals from the orders of the Special Judge lie to the High Court

Who is a public servant? [Section 2 (c)] –Persons in pay or service of Government or remunerated by Government for performing public duty –Persons in service or pay of local authority –Person in the service or pay of statutory corporation or government company –Judges including persons empowered by law to perform adjudicatory function –Officers of Court of Justice/Arbitrators appointed by a Court of Justice or competent public authority –Election officials

Public Servant –Persons holding office by virtue of which he is authorized to perform public duty –President, Secretary or office bearer of a Registered Co-operative Society receiving financial aid from Government, statutory corporation or authority owned, controlled or aided by Government –Chairman, Member or Employee of Service Commission or Recruitment Board –Vice-Chancellor, Professor, reader, lecturer or employee of University –Office bearer or employee or educational, cultural, social or scientific institution receiving financial assistance from Government or local or public authority.

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