Saturday 7 October 2023

Offences & Punishments Under The Prevention of Corruption Act, 1988

 Offences & Punishments Under The Prevention of Corruption Act, 1988


Sections

Offence Description

Punishment

 

      7                                                       

Public Servant Being Bribed :

     (1)     Seeking undue advantage improperly

     (2)      Receiving undue advantage for dishonest job performance

     (3)     Performing job improperly due to received undue advantage 

Imprisonment: 3 to 7 years      

& Fine


7(a)

Taking Undue Advantage to Influence Public Servant :                                                   

Obtaining undue advantage to influence a public servant improperly Using corrupt or illegal means or personal influence   

Imprisonment: 3 to 7 years      

& Fine 


8  

Bribing a Public Servant :

Giving undue advantage to induce improper job performance or rewarding dishonest performance 

Exceptions:

     (1)     Person Forced to give Such undue advantage

     (2)     Reporting incident to authorities within 7 days

     (3)     Commercial organisation shall be fined.

 

Imprisonment: Upto 7 years      

& Fine 

9

Bribing a public servant by a commercial organisation

Fine Only

10

Person in charge of commercial organisation to be guilty of offence u/sec 9 :

For Example- Director, manager, secretary or other officer

Imprisonment: 3 to 7 years

& Fine

11

Public servant obtaining undue advantage without consideration :

Public servant unfairly benefits without good reason or for too little in return

Imprisonment: 6 months to 5 years & Fine 

12

Punishment for abetment of offences :

Encouraging or assisting another person in committing an offense

Imprisonment: 3 to 7 years 

& Fine

13

Criminal misconduct by a public servant :

     (1)     Misappropriation or improper conversion of entrusted property

     (2)     Improper enrichment while in office

Imprisonment: 4 to 10 years  & Fine

14

Punishment for habitual offender :

Subsequentl offence after prior conviction under this Act

Imprisonment: 5 to 10 years

& Fine  

15

Punishment for Attempt :

Attempting to commit offenses described in Section 13(1)(a)

Imprisonment: 2 to 5 years

& Fine

16

Matters to be taken into consideration for fixing fine :

 

Court considers value of property  or unexplained wealth


Written By :  Harshavardhan Prakash Deshmukh,

B.A.LL.B. :  Modern Law College, Pune

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



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