Prevention of Corruption Act, 1988

The Prevention of Corruption Act, 1988 criminalises a public servant obtaining, accepting or attempting to obtain an undue advantage connected with improper or dishonest performance of public duty. An undue advantage means any gratification other than legal remuneration and is not limited to money or benefits measurable in money.

Core offence under Section 7

Under Section 7, a public servant commits an offence by obtaining, accepting or attempting to obtain an undue advantage with the intention of improperly or dishonestly performing, or forbearing from performing, a public duty. The offence also covers receipt as a reward for such conduct and improper performance in anticipation or consequence of the advantage.

• The offence may involve an advantage obtained for the public servant or for another person, directly or through a third party.
• Actual improper performance is unnecessary: obtaining, accepting or attempting to obtain the advantage with the required corrupt intention can itself constitute the offence.
• The punishment is imprisonment for 3-7 years, along with a fine.

Acceptance without a corrupt quid pro quo

Section 11 separately punishes a public servant who accepts an undue advantage without consideration, or for inadequate consideration, from a person concerned in proceedings or business handled by that public servant, or from an interested or connected person.

• This provision addresses benefits arising from an official relationship even where a specific improper official act is not established.
• The punishment is imprisonment for 6 months-5 years, along with a fine.

Proof and prosecution safeguards

Under Section 20, once acceptance, obtaining or attempted obtaining is proved in a trial under Sections 7 or 11, the court must draw the prescribed presumption regarding its corrupt purpose or absence of adequate consideration, unless the accused proves the contrary.

• Under Section 19, prior sanction of the competent government or authority is generally required before a court takes cognisance of offences under Sections 7 and 11.
• These provisions combine deterrence through criminal liability with evidentiary and procedural safeguards.