Prevention of Corruption Act 1988, Intoduction, Evolution

Introduction to Prevention of Corruption Act 1988

Corruption has plagued India for centuries, with opportunistic leaders exploiting any opportunity to amass wealth dishonestly. This pervasive issue poses a major hindrance to progress, particularly in developing nations like India, and it extends its grasp even into government agencies and the education sector. Notably, instances of corruption have led to the detention of high-ranking officials within the education system, revealing the depth of the problem.

In response to this pressing challenge, the Prevention of Corruption Act (POCA) was enacted in 1988 to consolidate existing laws and combat corruption within government agencies. This potent legislation serves as a tool to prosecute and punish public servants involved in corrupt practices. To ensure its effectiveness, the Act empowers the Central Government to appoint judges for investigating and trying corruption cases. Understanding the evolution and significant provisions of the POCA is vital in the ongoing fight against corruption in India.

Evolution of the Prevention of Corruption Act 1988

Corruption has been a persistent issue in India for many centuries, often initiated by opportunistic leaders who view any task as an opportunity for personal gain. This pervasive problem acts as a significant impediment to progress, particularly in developing nations like India, with government agencies being particularly affected. Even the education sector, which aims to instill ethical behavior, is not exempt from this malady. For instance, two high-ranking officials from the Directorate of Higher Education in Maharashtra Mumbai were detained by the Anti-Corruption Bureau for accepting a bribe of Rs. 20,000 from a Professor.

To combat this serious challenge, various measures have been taken over the years. The Criminal Law (Amendment) Ordinance of 1944 was among the earliest attempts to tackle corruption by preventing the concealment or disposal of assets acquired through corrupt practices. The establishment of the Central Vigilance Commission in 1964, along with State-specific vigilance commissions, aimed to specifically address corruption-related cases.

Subsequently, the Prevention of Corruption Act, 1988 (POCA), was enacted to consolidate existing laws and become a potent tool to prosecute and penalize public servants involved in corrupt acts. Under the Act, the Central Government holds the authority to appoint judges to investigate and adjudicate cases related to offenses punishable by this law. Understanding the historical development and crucial provisions of the POCA is of utmost importance in the ongoing fight against corruption in India.

Distinctive features of the Prevention of Corruption Act 1988

• Broadened definition’s application to include “public duty” and “public servant” under Section 2 of the Act’s definition clause.
• The transferred burden of proof from the prosecution to the accused person, as per the Code of Criminal Procedure, 1973.
• Mandates that an inquiry must be conducted by an officer with at least the rank of Deputy Superintendent of Police.
• Expanded the definition of “public servant” to include Central Government personnel, union territories, nationalized banks, University Grants Commission (UGC), vice-chancellors, academics, and others.
• Criminalizes various forms of corrupt conduct, such as bribery, misappropriation, acquiring undue financial advantage, and possessing assets disproportionate to income.

Important Provisions of the Prevention of Corruption Act 1988

In simpler terms, Section 2(b) of the Act defines “Public duty” as any duty that holds an interest for the state, the public, or society as a whole. The term “state” encompasses various entities, such as corporations established by Central, Provincial, or State Acts, as well as government authorities or bodies aided or controlled by a government company, as defined in Section 617 of the Companies Act of 1956. The significance of the term “public duty” lies in its ability to encompass individuals employed by the government for public tasks or those responsible for carrying out public obligations, aiming to prevent corruption among public workers.

Moving on, Section 2(c) of the Act provides an extensive and explicit definition of a “public servant.” This definition broadly includes various individuals, as follows:

1. Government employees, those receiving government compensation, or receiving fees/commissions for public obligations.
2. Employees of local governments and firms created or operating under Central, Provincial, or State Acts, as well as bodies assisted by the Government.
3. Judges and individuals authorized by law to carry out adjudicatory duties.
4. Liquidators, receivers, or commissioners appointed by a court of justice for administration-related functions.
5. Arbitrators or individuals entrusted by a court or competent public authority for judgment or report.
6. Those with authority in conducting elections, maintaining electoral rolls, or performing public duties.
7. Office-holders of registered cooperative societies receiving financial aid from the Government or its related entities.
8. Members or employees of any Service Commission, Board, or selection committee conducting examinations or selections on their behalf.
9. University personnel, including Vice-Chancellors, professors, and employees involved in conducting exams or providing services to universities.
10. Officials or employees of educational, scientific, social, and cultural institutions receive financial support from government authorities.

Public Servant Under the Prevention of Corruption Act 1988

The Prevention of Corruption Act, 1988 (PCA) defines a public servant as a person who holds a public office or position of authority under the Government of India or any State Government or any local authority or any corporation established by or under a Central, State, or Provincial Act. The PCA also includes certain other persons in the definition of public servant, such as:

• Ministers, Members of Parliament, Members of State Legislatures, and Mayors.
• Judges, Magistrates, and other judicial officers.
• Police officers and other law enforcement officers.
• Officers of the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED), and other anti-corruption agencies.
• Employees of public sector banks, insurance companies, and other public sector enterprises.

The PCA prohibits public servants from engaging in a variety of corrupt activities, such as:

• Accepting bribes or other gratification.
• Misusing their position for personal gain.
• Negligently performing their duties.
• Abusing their authority.

The PCA also provides for a number of punishments for public servants who are convicted of corruption offenses, such as:

• Imprisonment for a term of up to seven years.
• Fines.
• Dismissal from office.

The PCA is a powerful tool for combating corruption in India. However, it is important to note that the PCA does not apply to all persons who hold public office. For example, the PCA does not apply to private sector employees, even if they work for a company that does business with the government.

Amendments to the Prevention of Corruption Act 1988

The Prevention of Corruption Act, of 1988 (PCA) has been amended several times over the years to make it more effective in combating corruption. The most recent amendments were made in 2018. The 2018 amendments made a number of significant changes to the PCA, including:

• Broadening the definition of “public servant.” The definition of “public servant” was broadened to include a wider range of persons, such as employees of private companies that do business with the government.
• Creating a new offense of “criminal misconduct by a public servant.” This offense is committed by a public servant who abuses their position for personal gain, even if they do not receive any monetary benefit.
• Making it easier for the prosecution to prove that a public servant has accepted a bribe. The 2018 amendments introduced a number of presumptions that make it easier for the prosecution to prove that a public servant has accepted a bribe, even if there is no direct evidence of the bribe being offered or accepted.
• Increased penalties for corruption offenses. The 2018 amendments increased the penalties for corruption offenses, including imprisonment for up to 10 years and a fine.

The 2018 amendments to the PCA are a significant step in the fight against corruption in India. The amendments make it easier for the prosecution to investigate and prosecute corruption cases, and they impose harsher penalties for corruption offenses. These changes are likely to have a deterrent effect on corruption and help to create a more transparent and accountable government.

Prevention of Corruption Act Amendment 2021

The Prevention of Corruption Act Amendment Act, 2021 was passed by the Indian Parliament in July 2021. The amendment makes a number of changes to the Prevention of Corruption Act, of 1988 including:

• Extension of the definition of “public servant.” The definition of “public servant” is extended to include a wider range of persons, such as employees of private companies that do business with the government.
• Creation of a new offense of “criminal misconduct by a public servant.” This offense is committed by a public servant who abuses their position for personal gain, even if they do not receive any monetary benefit.
• Making it easier for the prosecution to prove that a public servant has accepted a bribe. The amendment introduces a number of presumptions that make it easier for the prosecution to prove that a public servant has accepted a bribe, even if there is no direct evidence of the bribe being offered or accepted.
• Increased penalties for corruption offenses. The amendment increases the penalties for corruption offenses, including imprisonment for up to 10 years and a fine.
• Extension of the term of the Director of Enforcement. The term of the Director of Enforcement, who is responsible for investigating corruption cases, is extended from three years to five years.

The Prevention of Corruption Act Amendment Act, 2021 is a significant step in the fight against corruption in India. The amendment makes it easier for the prosecution to investigate and prosecute corruption cases, and it imposes harsher penalties for corruption offenses. These changes are likely to have a deterrent effect on corruption and help to create a more transparent and accountable government.

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