Prevention of Corruption Act, 1988

The Prevention of Corruption Act, 1988 was enacted by the Parliament of India for the prevention of corruption and matters related to it. In the beginning, the law was enforced all over India except Jammu and Kashmir, but now the state has been added to the list too. Since the introduction of the Act, no public servants involved in malpractice were caught. Henceforth, it was amended in the year 2008 in the interest of the citizens.

Prevention of Corruption Act, 1988

The Prevention of Corruption Act, 1988 is spread across a total of 5 chapters and 37 sections describing every rule, regulation, the appointment of judges, penalty, and punishment for the offence. The Act ensures that fair and effective investigation is carried out without any external influences to punish the people involved in these criminal offences. 

To know the punishments and penalties, we have to understand the Law enforced in detail; to know who can be punished and on what grounds, which officers are eligible to carry out the investigation and which judges are appointed for the hearing of these cases; also, how the officers and judges are appointed. 

Take, for example, Mr XYZ is operating a private bank with the help of a licence issued by the Reserve Bank of India. Since he is now registered under a Government Institution, he is a government servant and hence can be arrested and punished on the grounds of bribery or other criminal offences. 

Therefore, any citizen who is a government servant, if caught in malpractice, can be arrested on the charges of violation of this law. Talking about the officers carrying out the investigation,

•  In the case of Delhi, no officer lower than the position of Inspector is allowed to carry out the legal procedures of this case. 

• In metropolitan cities, like Bangalore or Kolkata, an Assistant Commissioner of Police is appointed to carry out the investigation process.
• Everywhere else, no one, other than a Deputy Superintendent of Police, has permission to interfere in the investigation.

Talking about the punishment and penalties imposed, they solely depend on the severity of the malpractice committed. 

For example, some of the cases are explained as: 

• Asking for gratification other than legal remuneration can land you in prison for 6 months to 5 years if found guilty of any corruption while the investigation was carried out. A certain amount of monetary fine can also be imposed as per your position. 
• Asking for gratification to influence a public servant, through illegal and corrupt practices can land you in prison for not less than 3 years which can be expanded up to 7 years including a heavy monetary fine altogether.

• Grabbing gratification to utilise personal influence with public servants can add imprisonment from 6 months extendable up to 5 years along with a legal notice compelling you to pay a monetary fine as well.

• Act of criminal misconduct by the public servant can result in imprisonment ranging from 1 year expandable up to 7 years including a heavy monetary fine.

Amendments to the Prevention of Corruption Act, 1988

While we take a look at the history of this law after its enforcement in 1988, it was amended twice in public interest. In the years 2013 and 2018, some changes were introduced to improve the effect on the citizens. 

Highlights of the amendments of 2013

1. Bribery was introduced as a punishable offence. A person who is obliged to bribe should report this incident to law enforcement within 7 days to prevent themselves from the charges. 
2. Two types of offences were added to the amended criminal misconduct. The offences are illegal enrichment for accumulating wealth disproportionate to their properties. 
3. The amendments were made only after being approved by the relevant government authority to conduct any investigation regarding any offences allegedly conducted by public servants. However, if the offender has been arrested on the spot for taking bribes, then there is no requirement for approval.
4. The trial limit for cases under the Prevention of Corruption Act was fixed for 2 years if the case is assigned to a special judge. The period for the trial is expected to last only 4 years and not more than that in any case. 

Highlights of the amendments of 2018

• Any government official or servant will end up in prison extending from 3 to 7 years along with the imposed monetary penalties.
• The 2018 amendment made a provision to safeguard the citizens who are forced into paying a bribe, the condition being reported to be reported to the authorities within a week.

Conclusion

The Prevention of Corruption Act, 1988 came into effect on the 9th of September 1988 to safeguard the interests of citizens and protect them from being forced into paying heavy monetary charges in the name of favours, also known as bribing, which is addressed as a punishable offence by the Government of India. 

Any citizen of India who is a registered government official or servant, if caught asking for an extra amount, besides the governmental remuneration, is addressed as a violation of law and a punishable offence.