SectionsParticulars
Chapter IPreliminary
1Short title and extent
(1) This Act may be called the Prevention of Corruption Act, 1988.(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies a...
2Definitions
In this Act, unless the context otherwise requires,(a) "election" means any election, by whatever means held under any law for the purpose of selecting membe...
3Power to appoint special Judges
(1) The Central Government or the State Government may, by notification in the. Official Gazette, appoint as many special Judges as may be necessary for such ...
4Cases triable by special Judges
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, the offences specified in sub...
5Procedure and powers of special Judge
(1) A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the ...
6Power to try summarily
(1) Where a special Judge tries any offence specified in sub-section (1) of section 3, alleged to have been committed by a public servant in relation to the c...
Chapter IIIOffences and Penalties
7Public servant taking gratification other than legal remuneration in respect of an official act
Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any othe...
8Taking gratification, in order, by corrupt or illegal means, to influence public servant
Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a ...
9Taking gratification, for exercise of personal influence with public servant
Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a m...
10Punishment for abetment by public servant of offences defined in section 8 or 9
Whoever, being a public servant, in respect of whom either of the offences defined in section 8 or section 9 is committed, abets the offence, whether or not t...
11Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant
Whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain for himself, or for any other person, any valuable thing without...
12Punishment for abetment of offences defined in section 7 or 11
Whoever abets any offence punishable under section 7 or section 11 whether or not that offence is committed in consequence of that abetment, shall be punishab...
13Criminal misconduct by a public servant
(1) A public servant is said to commit the offence of criminal misconduct,-(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain f...
14Habitual committing of offence under sections 8, 9 and 12
Whoever habitually commits-(a) an offence punishable under section 8 or section 9; or(b) an offence punishable under section 12, shall be punishable with impr...
15Punishment for attempt
Whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) of section 13 shall be punishable with imprisonment for a ter...
16Matters to be taken into consideration for fixing fine
Where a sentence of fine is imposed. under sub-section (2) of section 13 or section 14, the court in fixing the amount of the fine shall taken into considerat...
Chapter IVInvestigation Into Cases Under The Act
17Persons authorized to investigate
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no police officer below the rank,-(a) in the case of the Delhi Special Police Esta...
18Power to inspect bankers' books
If from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under sect...
19Previous sanction necessary for prosecution
(1) No court shall take cognizance of an offence punishable under section 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with...
20Presumption where public servant accepts gratification other than legal remuneration
(1) Where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or clause (b) of sub-section (1) of section 13 it is proved that ...
21Accused person to be a competent witness
Any person charged with an offence punishable under this Act, shall be a competent witness for the defense and may give evidence on oath in disproof of the ch...
22The Code of Criminal Procedure, 1973 to apply subject to certain modifications
The provisions of the Code of Criminal Procedure, 1973, shall in their application to any proceeding in relation to an offence punishable under this Act have ...
23Particulars in a charge in relation to an offence under section 13(1) (c).
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, when an accused is charged with an offence under clause (c) of sub-section (1) of ...
24Statement by bribe giver not to subject him to prosecution
Notwithstanding anything contained in any law for the time being in force, a statement made by a person in any proceeding against a public servant for an offe...
25Military, Naval and Air Force or other law not to be affected
(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the Army Act. 1950, t...
26Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act
Every special Judge appointed under the Criminal Law Amendment Act, 1952,, for any area or areas and is holding office on the commencement of this Act shall b...
27Appeal and revision
Subject to the provisions of this Act, the High Court may exercise, so far as they may be applicable, all the powers of appeal and revision conferred by the C...
28Act to be in addition to any other law
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall ex...
29Amendment of the Ordinance 38 of 1944
In the Criminal Law Amendment Ordinance, 1944,-(a) in sub-section (1) of section 3, sub-section (1) of sector 9, clause (a) of section 10, sub-section (1) of ...
30Repeal and saving
(1) The Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952 are hereby repealed.(2) Notwithstanding such repeal, but without prejudice...
31Omission of certain sections of Act 45 of 1860
Sections 161 to 165A (both inclusive) of the Indian Penal Code shall be omitted, and section 6 of the General Clauses Act, 1897, shall apply to such omissio...
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