Article : Offences & Punishments Under The Prevention of Corruption Act, 1988

The provisions outlined in Sections 7 to 16 of this legal framework address various aspects related to corruption involving public servants and individuals or commercial organizations.

Section 7 deals with the offense of a public servant being bribed, encompassing seeking undue advantages improperly, receiving undue advantages for dishonest job performance, and performing one's job improperly due to received undue advantages. The punishment for this offense includes imprisonment ranging from 3 to 7 years, coupled with a fine.

Section 7(a) pertains to taking undue advantage to influence a public servant improperly by obtaining undue advantages through corrupt or illegal means or personal influence. The penalty for this offense is also imprisonment, ranging from 3 to 7 years, along with a fine.

Section 8 addresses the act of bribing a public servant, involving the provision of undue advantages to induce improper job performance or reward dishonest performance. Exceptions include cases where a person is forced to provide such undue advantages or when the incident is reported to authorities within 7 days. Commercial organizations may be fined for this offense, with imprisonment of up to 7 years for the offenders.

Section 9 focuses on bribing a public servant by a commercial organization, carrying a penalty of a fine only.

Section 10 holds persons in charge of commercial organizations, such as directors, managers, secretaries, or other officers, guilty of the offense under Section 9. The punishment for such individuals includes imprisonment ranging from 3 to 7 years, along with a fine.

Section 11 pertains to public servants obtaining undue advantages without proper consideration, resulting in unfair benefits or insufficient returns. The penalty for this offense includes imprisonment for a period ranging from 6 months to 5 years, along with a fine.

Section 12 deals with the punishment for abetment of offenses, covering cases where individuals encourage or assist others in committing an offense. The penalty for abetment involves imprisonment ranging from 3 to 7 years, accompanied by a fine.

Section 13 addresses criminal misconduct by a public servant, encompassing misappropriation or improper conversion of entrusted property and improper enrichment while in office. The punishment for this offense includes imprisonment ranging from 4 to 10 years, coupled with a fine.

Section 14 specifies the punishment for habitual offenders, referring to individuals who commit subsequent offenses after a prior conviction under this Act. The penalty for habitual offenders involves imprisonment for a period ranging from 5 to 10 years, along with a fine.

Section 15 pertains to the punishment for attempting to commit offenses described in Section 13(1)(a). Attempting such offenses can result in imprisonment ranging from 2 to 5 years, along with a fine.

Finally, Section 16 outlines the factors to be considered when determining the appropriate fine, with the court taking into account the value of the property involved or unexplained wealth.

These sections collectively establish a comprehensive legal framework to combat corruption and related offenses involving public servants, individuals, and commercial organizations, with clear provisions for penalties and exceptions.

Written By :  Harshavardhan Prakash Deshmukh,

B.A.LL.B. :  Modern Law College, Pune

Dabangg Lawyer Page (65K+ Followers) - https://www.instagram.com/dabangglawyer/