Introduction
• The Prevention of Corruption (P C Act) Act was promulgated on the 9th September 1988 mainly to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith.
• Thus, it is the main statute aiming to curb corruption among public servants and others in the country.
• The statute was amended in 2013/2018, and more recently on 3rd September 2021. The Government of India, Ministry of Personnel, Public Grievances and Pensions has introduced ‘Standard Operating Procedures (SOP)’ under Section 17A, for investigating agencies.
Special Judges
Appointment
• Section 3 of the P.C. Act gives powers to the Central and State Governments to appoint ‘Special Judges’ to try cases under the statute. It also specifies the
offences which may be dealt with by these special judges and the minimum qualifications which are necessary for their appointment.
• 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 (2 of 1974).
Cases that may be heard
• Section 4 stipulates that offences under the Act be tried by the Special Judges
only and lays down the rules to be followed in such cases. The offences specified in sub-section (1) of section 3 shall be tried by special Judges only.
Transfer of Suits
• A situation sometimes arises where one of the parties in the trial requires it to be transferred to another court in the same or another city or to the High Court.
• The transfer of a case from a Special Judge to the High court itself was prohibited and not the transfer of a case from one Special Judge to another Special Judge, whether appointed under the Prevention of Corruption Act or any other statute.
Offences And Penalties
Section 7 to 15 of the P.C. Act defines the offences falling under the provisions of the Prevention of Corruption Act and the punishment/fine prescribed thereto.
• Section 13 of the Act defines ‘criminal misconduct’. As per sub-section 2, a public servant who is found guilty of criminal misconduct is punishable with 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 of the Act deals with the punishment for a habitual offender, who, is a person convicted initially of an offence under this Act and who
subsequently commits another similar offence. Such a person is punishable with 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.
• In terms of Section 15 which deals with punishment for ‘attempting’ to commit an offence under the Act Whoever attempts to commit an offence
referred to in clause (a) of sub-section (1) of section 13 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine.
Fixing of Fine
• In Section 16 of the statute, the criteria to be taken in consideration by the court while determining the amount of fine is brought out.
• According to the section while fixing the fine the court shall take into
consideration the amount or the value of the property, if any, which the accused person has obtained by committing or “where the conviction is for an offence
referred to in clause (b)] 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.”
Persons Authorized To Investigate
As per Section 17 of the Act the persons authorized to investigate have been specified.
The persons so authorized are no police officer below the rank,-
• In the case of the Delhi Special Police Establishment, of an Inspector of Police
• 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
• Elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank.
Such persons are permitted to authorize 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.
Enquiry or Investigation of Offences
• In terms of Section 17A, which was inserted in the amendment of 2018, specifies the levels at which approval is required to be obtained where enquiry or
investigation is to be carried out in respect of offences purported to have been committed by a public servant in discharge of official functions or duties.
• Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person.
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