Prevention of Corruption Act, 1988: Bribery, Complaints, Investigation, Sanction and Penalties
The Prevention of Corruption Act, 1988 is India's principal central law dealing with corruption-related offences involving public servants. The Act was substantially amended by the Prevention of Corruption (Amendment) Act, 2018, which revised the bribery offences, introduced liability for bribe-givers and commercial organisations, added prior-approval requirements for certain investigations, and changed several penalties and procedural provisions.
Scope of the Prevention of Corruption Act
The Act is titled the Prevention of Corruption Act, 1988 (Act No. 49 of 1988). It extends to the whole of India and also applies to citizens of India outside India. The earlier statutory wording excluding the former State of Jammu and Kashmir is no longer part of Section 1.
Section 2 defines important expressions including public duty, public servant and undue advantage. The definition of public servant is broad and is not confined to ordinary government employees. Depending on the statutory conditions, it includes persons performing specified public functions and persons connected with government-controlled or government-aided bodies.
Main offences and penalties under the Act
| Provision | Subject | Key consequence |
|---|---|---|
| Section 7 | Public servant being bribed | Imprisonment of not less than 3 years, which may extend to 7 years, and fine. |
| Section 7A | Taking undue advantage to influence a public servant by corrupt or illegal means or personal influence | Imprisonment of not less than 3 years, which may extend to 7 years, and fine. |
| Section 8 | Bribing a public servant | Imprisonment which may extend to 7 years, or fine, or both, subject to statutory exceptions and provisos. |
| Section 9 | Bribing a public servant by a commercial organisation | The commercial organisation is punishable with fine, subject to the statutory defence concerning adequate procedures. |
| Section 10 | Liability of person in charge of commercial organisation | Applies where the statutory requirements for consent or connivance are established. |
| Section 11 | Public servant obtaining undue advantage without consideration or for inadequate consideration from a concerned person | Criminal liability as provided by the section. |
| Section 12 | Abetment of offences | Abetment is punishable in accordance with the section even where the principal offence is not completed, subject to its terms. |
| Section 13 | Criminal misconduct by a public servant | Addresses the forms of criminal misconduct defined by the amended provision. |
| Section 14 | Habitual offender | Enhanced punishment applies to habitual commission of an offence under the Act as specified. |
| Section 15 | Attempt | Punishes attempt relating to the criminal-misconduct conduct covered by the provision. |
Bribe-giver protection in compelled-payment cases
Section 8 now directly criminalises giving or promising an undue advantage with the specified corrupt intent. However, the section contains an important proviso for a person who is compelled to give the undue advantage: the statutory protection is linked to reporting the matter to a law-enforcement authority or investigating agency within seven days from the date of giving the undue advantage. Section 8 also protects a person who, after informing the investigating authority, participates in a payment to assist an authorised investigation.
How to report a corruption complaint
A corruption complaint should ordinarily identify the public servant or other persons involved, the department or organisation concerned, the nature of the demand or transaction, relevant dates and places, and the documents or other material supporting the allegation. A complainant should avoid fabricating evidence or independently undertaking conduct that may compromise an investigation.
The correct authority depends on jurisdiction. Central Government corruption matters may fall within the functions of bodies such as the Central Bureau of Investigation or the Central Vigilance Commission, while State Government matters are commonly handled by the State Anti-Corruption Bureau, Vigilance organisation or other competent State agency. Complaints concerning persons or institutions within the Lokpal's statutory jurisdiction may be made through the mechanism prescribed for the Lokpal.
Investigation, arrest and prior approval under Section 17A
Section 17 specifies the rank and categories of police officers who may investigate offences under the Act, subject to the statutory framework and applicable authorisations.
Section 17A requires previous approval before a police officer conducts an enquiry, inquiry or investigation into an alleged offence by a public servant where the allegation is relatable to a recommendation made or decision taken by that public servant in discharge of official functions or duties. The approving authority depends on whether the person served the Union, a State, or another authority.
The prior-approval requirement does not apply to a case involving arrest of a person on the spot on the charge of accepting or attempting to accept an undue advantage. The statute also prescribes a decision period of three months for the competent authority, extendable by one additional month for reasons recorded in writing.
Section 18 concerns inspection of bankers' books. Section 18A applies the Criminal Law Amendment Ordinance, 1944, subject to the Prevention of Money-Laundering Act, 2002, to attachment and related property proceedings under the Act.
Previous sanction for prosecution under Section 19
Section 19 restricts a court from taking cognizance of specified offences alleged against a public servant unless the required previous sanction has been obtained from the competent Government or authority. After the 2018 amendment, the provision expressly addresses persons who are employed or were employed at the time of commission of the alleged offence, subject to the statutory conditions.
The sanction requirement under Section 19 is distinct from the prior-approval requirement in Section 17A. Section 17A concerns specified enquiry/inquiry/investigation activity, whereas Section 19 concerns cognizance and prosecution for the offences covered by that provision.
Special Judges, trial and evidence
Sections 3 to 6 provide for appointment of Special Judges, cases triable by them, their procedure and powers, and summary trial in the circumstances specified by the Act. Section 20 contains the statutory presumption applicable where the conditions of that section concerning acceptance of an undue advantage are established.
Section 21 makes an accused person a competent witness, while Section 22 applies the criminal-procedure law subject to the modifications specified in the Act. Section 23 deals with particulars in a charge in relation to an offence under Section 13(1)(a).
Appeal and revision
Section 27 provides for appeal and revision in accordance with the statutory scheme. Proceedings under the Act are heard by Special Judges, and appellate or revisional remedies depend on the order or judgment challenged and the applicable procedural law.
Updated section index of the Prevention of Corruption Act, 1988
- Section 2: Definitions
- Sections 3-4: Power to appoint Special Judges; cases triable by Special Judges
- Sections 5-6: Procedure and powers of Special Judge; power to try summarily
- Sections 7-8: Offence relating to public servant being bribed; bribing a public servant
- Sections 9-10: Commercial organisation bribery and person in charge
- Sections 11-12: Public servant obtaining undue advantage; punishment for abetment
- Sections 13-14: Criminal misconduct; punishment for habitual offender
- Sections 15-16: Punishment for attempt; matters for fixing fine
- Sections 17-18: Persons authorised to investigate; inspection of bankers' books
- Sections 19-20: Previous sanction for prosecution; statutory presumption
- Sections 21-22: Accused as competent witness; criminal-procedure provisions
- Sections 23-24: Particulars in charge; Section 24 omitted
- Sections 25-26: Other laws unaffected; Special Judges
- Sections 27-28: Appeal and revision; Act additional to other law
- Sections 29-30: Amendment of Ordinance 38 of 1944; repeal and saving
Important practical points
A corruption allegation may involve different statutory stages: receipt of a complaint, preliminary verification where lawful, enquiry or investigation, arrest in appropriate cases, prior approval under Section 17A where applicable, filing of a police report or complaint before the competent court, sanction under Section 19 where required, cognizance, trial before the Special Judge, and appeal or revision.
The precise procedure depends on the facts, the status of the accused, the nature of the alleged conduct, the competent investigating agency and the date of the alleged offence. For legal proceedings, the current statutory text, applicable rules, notifications and binding judicial decisions should be checked.