Prevention Of Corruption Act 1988
(49 of 1988) [9th September, 1988.]
Statement of Objects and Reasons :
Chapter I ( Section 1 to 2 ) :
Preliminary :
Section 1 :
Short title and extent :
An Act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith.
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The Bill is intended to make the existing anti-corruption laws more effective by widening their coverage and by strengthening the provisions.
2. The Prevention of Corruption Act, 1947, was amended in 1964 based on the recommendations of the Santhanam Committee. There are provisions in Chapter IX of the Indian Penal Code to deal with public servants and those who abets them by way of criminal misconduct. There are also provisions in the Criminal Law Amendment Ordinance, 1944, to enable attachment of ill-gotten wealth obtained through corrupt means, including from transferees of such wealth. The Bill seeks to incorporate all these provisions with modifications so as to make the provisions more effective in combating corruption among public servants.
3. The Bill, inter alia, envisages widening the scope of the definition of the expression “public servant”, incorporation of offences under sections 161 to 165-A of the Indian Penal Code, enhancement of penalties provided for these offences and incorporation of a provision that the order of the trial Court upholding the grant of sanction for prosecution would be final if it has not already been challenged and the trial has commenced. In order to expedite the proceedings, provisions for day-to-day trial of cases and prohibitory provisions with regard to grant of stay and exercise of powers of revision on interlocutory orders have also been included.
4. Since the provisions of sections 161 to 165-A are incorporated in the proposed legislation with an enhanced punishment, it is not necessary to retain those sections in the Indian Penal Code. Consequently, it is proposed to delete those sections with the necessary saving provision.
5. The Notes on Clauses explain in detail the provisions of the Bill.
Be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:-
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(1) This Act may be called the Prevention of Corruption Act, 1988.
(2) It extends to the whole of India 1.(***) and it applies also to all citizens of India outside India.
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1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, section 95 and the Fifth Schedule (w.e.f. 31-10-2019).
