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The Prevention of Corruption Act, 1988 (Act No. 49 of 1988), enacted on 9th September 1988, consolidates and amends laws to combat corruption in India. Applicable across India and to Indian citizens abroad, it targets corrupt practices by public servants and related entities.
Key Provisions:
- Definitions (Section 2): Defines “public servant” broadly, including government employees, judges, arbitrators, and officials of government-aided institutions. “Undue advantage” covers any gratification beyond legal remuneration.
- Special Judges (Chapter II): Empowers Central/State Governments to appoint special judges (Sessions/Additional/Assistant Sessions Judges) to exclusively try corruption offences, ensuring swift trials (ideally within 2 years, extendable to 4).
- Offences and Penalties (Chapter III):
- Section 7: Public servant accepting undue advantage for improper performance of duty faces 3-7 years imprisonment and fine.
- Section 8: Bribing a public servant incurs up to 7 years imprisonment or fine.
- Section 9: Commercial organizations bribing public servants face fines, with defenses for adequate anti-bribery procedures.
- Section 13: Criminal misconduct includes misappropriation or illicit enrichment, punishable by 4-10 years imprisonment.
- Investigation (Chapter IV): Only senior police officers (Inspector or above) can investigate, with prior approval for offences linked to official duties (Section 17A). The Anti-Corruption Bureau in Jammu & Kashmir/Ladakh enhances regional enforcement.
- Sanction and Prosecution (Chapter V): Prior sanction is mandatory for prosecuting public servants under Sections 7, 11, 13, and 15. Courts presume guilt if undue advantage is proven (Section 20).
- Attachment and Forfeiture (Chapter IVA): Property acquired through corruption can be attached or forfeited under the Criminal Law Amendment Ordinance, 1944.
Significance:
The Act strengthens anti-corruption measures by defining offences clearly, ensuring specialized judicial processes, and imposing stringent penalties. Amendments (e.g., 2018) align it with modern anti-bribery standards, emphasizing corporate accountability and procedural safeguards.
Below are Multiple Choice Questions (MCQs) and Frequently Asked Questions (FAQs) based on the provided document, The Prevention of Corruption Act, 1988. The questions cover key provisions, definitions, offences, penalties, and procedural aspects to aid understanding and test knowledge.
Multiple Choice Questions (MCQs)
1. General Provisions and Definitions
Q1. What is the extent of the Prevention of Corruption Act, 1988?
a) Applies only to the state of Jammu and Kashmir
b) Applies to the whole of India and to Indian citizens outside India
c) Applies only to public servants within India
d) Applies only to commercial organizations in India
Answer: b) Applies to the whole of India and to Indian citizens outside India
Reference: Section 1(2)
Q2. Who qualifies as a “public servant” under the Act?
a) Only government employees
b) Judges, arbitrators, and employees of government-aided institutions
c) Only elected officials
d) Private sector employees receiving government contracts
Answer: b) Judges, arbitrators, and employees of government-aided institutions
Reference: Section 2(c)
Q3. What does “undue advantage” mean under the Act?
a) Only monetary bribes
b) Any gratification other than legal remuneration
c) Only promotions or job offers
d) Gifts given with government approval
Answer: b) Any gratification other than legal remuneration
Reference: Section 2(d)
2. Appointment of Special Judges
Q4. Who can appoint special judges under the Prevention of Corruption Act, 1988?
a) Only the Supreme Court
b) Central or State Government
c) High Court of the respective state
d) Anti-Corruption Bureau
Answer: b) Central or State Government
Reference: Section 3(1)
Q5. What is the maximum time limit for concluding a trial by a special judge, including extensions?
a) 2 years
b) 3 years
c) 4 years
d) 5 years
Answer: c) 4 years
Reference: Section 4(4)
3. Offences and Penalties
Q6. What is the punishment for a public servant accepting an undue advantage under Section 7?
a) Imprisonment for 1-3 years and fine
b) Imprisonment for 3-7 years and fine
c) Imprisonment for 2-5 years or fine
d) Fine only
Answer: b) Imprisonment for 3-7 years and fine
Reference: Section 7
Q7. Under Section 8, what is the penalty for a person bribing a public servant?
a) Imprisonment up to 3 years and fine
b) Imprisonment up to 7 years or fine or both
c) Fine only
d) Imprisonment for 5-10 years
Answer: b) Imprisonment up to 7 years or fine or both
Reference: Section 8(1)
Q8. What is the punishment for criminal misconduct by a public servant under Section 13?
a) Imprisonment for 1-7 years and fine
b) Imprisonment for 4-10 years and fine
c) Imprisonment for 3-7 years or fine
d) Imprisonment for 2-5 years and fine
Answer: b) Imprisonment for 4-10 years and fine
Reference: Section 13(2)
Q9. What defence can a commercial organization use under Section 9 to avoid liability for bribing a public servant?
a) Ignorance of the law
b) Adequate anti-bribery procedures in place
c) Approval from the public servant
d) Payment was made under duress
Answer: b) Adequate anti-bribery procedures in place
Reference: Section 9(1) Proviso
Q10. What is the minimum punishment for a habitual offender under Section 14?
a) 3 years imprisonment
b) 4 years imprisonment
c) 5 years imprisonment
d) 7 years imprisonment
Answer: c) 5 years imprisonment
Reference: Section 14
4. Investigation and Sanction
Q11. Who is authorized to investigate offences under the Act in metropolitan areas like Bombay or Calcutta?
a) Inspector of Police
b) Assistant Commissioner of Police
c) Superintendent of Police
d) Deputy Inspector General
Answer: b) Assistant Commissioner of Police
Reference: Section 17(b)
Q12. Under Section 17A, prior approval for investigation is not required in which case?
a) Offences unrelated to official duties
b) Arrest on the spot for accepting undue advantage
c) Investigations ordered by a Magistrate
d) Cases involving commercial organizations
Answer: b) Arrest on the spot for accepting undue advantage
Reference: Section 17A Proviso
Q13. What is the time limit for the competent authority to decide on a sanction request under Section 19?
a) 1 month
b) 3 months, extendable by 1 month
c) 6 months
d) 2 months
Answer: b) 3 months, extendable by 1 month
Reference: Section 19(1) Proviso
5. Attachment and Forfeiture
Q14. Which ordinance applies to the attachment and forfeiture of property under the Act?
a) Prevention of Money Laundering Act, 2002
b) Criminal Law Amendment Ordinance, 1944
c) Indian Penal Code, 1860
d) Bankers’ Books Evidence Act, 1891
Answer: b) Criminal Law Amendment Ordinance, 1944
Reference: Section 18A
Q15. In Jammu and Kashmir, who must approve the seizure or attachment of property under Section 17C?
a) Special Judge
b) Director of the Anti-Corruption Bureau
c) High Court
d) State Government
Answer: b) Director of the Anti-Corruption Bureau
Reference: Section 17C(1)
6. Miscellaneous Provisions
Q16. What happens if a public servant accepts an undue advantage under Section 20?
a) The court imposes a fine only
b) It is presumed they acted improperly unless proven otherwise
c) No presumption is made
d) The case is dismissed automatically
Answer: b) It is presumed they acted improperly unless proven otherwise
Reference: Section 20
Q17. Under Section 21, can an accused public servant be compelled to testify against themselves?
a) Yes, at the prosecution’s request
b) No, unless they request to testify
c) Yes, if ordered by the court
d) No, under all circumstances
Answer: b) No, unless they request to testify
Reference: Section 21(a)
Q18. What is the role of the High Court under Section 27?
a) Appoints special judges
b) Hears appeals and revisions from special judges
c) Conducts investigations
d) Sanctions prosecutions
Answer: b) Hears appeals and revisions from special judges
Reference: Section 27
7. Case Law and Amendments
Q19. In the case of B.S. Yeddiyurappa v. A Alam Pasha (2025 INSC 515), what key issue was raised regarding Section 17A?
a) Whether it applies to private citizens
b) Considerations for granting approval for enquiry/investigation
c) Its conflict with the Indian Penal Code
d) Its applicability to commercial organizations
Answer: b) Considerations for granting approval for enquiry/investigation
Q20. Which section was omitted by the Prevention of Corruption (Amendment) Act, 2018?
a) Section 20
b) Section 24
c) Section 29
d) Section 31
Answer: b) Section 24
Frequently Asked Questions (FAQs)
1. What is the purpose of the Prevention of Corruption Act, 1988?
Answer: The Act consolidates and amends laws to prevent corruption by public servants and related entities in India. It defines offences, imposes penalties, and establishes specialized judicial and investigative processes to combat corrupt practices.
2. Who is considered a “public servant” under the Act?
Answer: A public servant includes government employees, judges, arbitrators, employees of government-aided institutions, university staff, and office-bearers of cooperatives or societies receiving government financial aid, among others.
Reference: Section 2(c)
3. What constitutes an “undue advantage” under the Act?
Answer: An undue advantage is any gratification, monetary or non-monetary, beyond legal remuneration, which a public servant is not permitted to receive by the government or their organization.
Reference: Section 2(d)
4. What are the key offences under the Act?
Answer: Key offences include:
- Public servant accepting undue advantage (Section 7)
- Bribing a public servant (Section 8)
- Commercial organizations bribing public servants (Section 9)
- Criminal misconduct, such as misappropriation or illicit enrichment (Section 13)
5. What is the role of special judges under the Act?
Answer: Special judges, appointed by the Central or State Government, exclusively try corruption offences under the Act. They follow procedures for warrant cases, can grant pardons for evidence, and aim to conclude trials within 2 years, extendable to 4 years.
Reference: Sections 3-5
6. What penalties apply for bribing a public servant under Section 8?
Answer: A person who bribes a public servant faces imprisonment up to 7 years, a fine, or both. However, if compelled to bribe and reported within 7 days, they are exempt from prosecution.
Reference: Section 8
7. How does Section 17A protect public servants?
Answer: Section 17A requires prior approval from the competent authority for any enquiry, inquiry, or investigation into offences related to a public servant’s official duties, except in cases of on-the-spot arrest for accepting undue advantage.
Reference: Section 17A
8. What is the significance of Section 19 regarding prosecution?
Answer: Section 19 mandates prior sanction from the appropriate government or authority to prosecute a public servant for offences under Sections 7, 11, 13, and 15. It includes safeguards like a 3-month decision timeline and a hearing for the accused.
Reference: Section 19
9. How does the Act address property acquired through corruption?
Answer: Under Chapter IVA and Section 18A, property acquired through corruption can be attached or forfeited as per the Criminal Law Amendment Ordinance, 1944. In Jammu and Kashmir, the Anti-Corruption Bureau has specific powers for seizure and attachment (Sections 17C-17G, State Amendment).
10. What is the role of the Anti-Corruption Bureau in Jammu and Kashmir?
Answer: The Anti-Corruption Bureau, established under Section 17B, investigates corruption offences in Jammu and Kashmir and Ladakh. It has powers to seize or attach property acquired through criminal misconduct, subject to approval by its Director.
Reference: Sections 17B-17G State Amendment
11. Can a bribe giver avoid prosecution under the Act?
Answer: Previously, Section 24 allowed bribe givers to avoid prosecution if they gave statements, but this section was omitted by the 2018 Amendment. Now, under Section 8, a person compelled to give a bribe can avoid prosecution only if they report it within 7 days.
Reference: Sections 8 and 24
12. What was the key issue in B.S. Yeddiyurappa v. A Alam Pasha (2025 INSC 515)?
Answer: The case raised questions about the interplay between Section 17A (prior approval for investigation) and Section 156(3) CrPC (magisterial orders for investigation), and the timing and applicability of Section 19’s sanction requirements. It was tagged with a larger bench reference in Manju Surana for resolution.
13. How does the Act ensure corporate accountability?
Answer: Section 9 holds commercial organizations liable for bribing public servants, punishable by fines. They can defend themselves by proving they had adequate anti-bribery procedures. Officers involved can face 3-7 years imprisonment (Section 10).
Reference: Sections 9-10
14. Are the amendments to the Act retrospective?
Answer: The retrospectivity of amendments, such as those to Sections 17A and 19, is under judicial review. The B.S. Yeddiyurappa case noted this issue, with a pending larger bench decision in Manju Surana to clarify whether they are substantive or procedural.
15. Can a public servant be prosecuted after leaving office?
Answer: Yes, Section 19’s sanction requirement applies to public servants who committed offences during their tenure, even if they no longer hold the office, as clarified in the 2018 amendment.
Reference: Section 19(1) Explanation