Author Mansi Malik a fourth-year law student at Lovely Professional University, Phagwara, She is currently interning with Lexpeeps.in
“The article traverses the malpractices and misuse of resources or the power for the individual benefit”
The corruption in India has become a limelight issue, the black- money has become a drug addict practice in people’s life. It works as cancer to the whole of India. The evil practises of corruption has been practised since the 1990s. In Indian penal code 1860, the provisions of corruption and the offence of bribery were stated. However the sections couldn’t stop or regulate the stoppage of such mal practises, under the table transactions, and scams like marine scams were highly practised all over India. Therefore, the legislature took a debate to establish an Act related to The Prevention of corruption act 1988. Since yet many amendments were taken into consideration by law commissions and by Santhanam committee.
Earlier the bribe was taken or given for doing wrongful act however in today’s scenario the bribers are been given or taken to do the rights things done expeditiously. The prevention of corruption act 1988 not only deals with prevention but however also laid down the history of such evil practice development. and state the silent features of the act. It has been prevalent since history in the Mughal period the corruption was highly practised. The great Kautilya states the forty types of corruption been practise in such a developing society. When East India company took controls and management of the whole country the corruption leads to new heights. Lord Cornwallis took out many principles to curb corruption in every form. Sections 161 to section 165 of Indian Penal code frames the legal provisions towards corrupt public servants. After second world war II. The lawmakers passed law ordinance, 1944. It was amended by Criminal law 1952 and finally enacted under the Government of India Act 1935. The legislation brought with Prevention of corruption act 1947 it was the direct consolidated law framed on the subject of corruption. And finally, Prevention of corruption act 1988 came into force on 9th day of September. Moreover, the scope of the definition to public servant given wider interpretation. Act 1988, is the main Anti-corruption administrative in India. It extends to whole India including Jammu and Kashmir.
Salient Features of the Act 1988
Definition of a public servant has been stated wider than Indian Penal code 1860.
‘Public Duty’ has been introduced in the Act 1988 by legislation
All cognizance of cases is to tried only by special judges
Penalty for the offence has been enhanced by the Act 1988
The Act provide the speedy and expediters trial
No court has the power to stay the proceedings under the grounds of any error or irregularity in the sanction until unless the court states its opinion.
Other provisions regarding presumption, investigation, inquiry, immunity to briber giver have been retained.
The act not only provides the basic concept relating to corruption but also ensures proper investigation, inquiry procedure.
Structure of Prevention of Corruption Act 1988
The Act consist of 31 sections however divided into 5 chapters and section 31 has been repealed by Act 2001. Section 3 of the Act provided the Appointment of special judges, powers and procedure to try the case summarily. Section7-15 mandates about the offences and penalties amount to corruption. Section 17 and section18 states about the procedures for inquiry and investigation. however, section 19 to section 30 states about the sanction’s provisions for prosecution and other provisions. The Preamble of the prevention of corruption Act 1988 mentions the objectives and states about the act to consolidate and amend the laws and other matters connected with the Act thereto.
In the Indian Gazette dated 9-12-1988. part II describes the statement of objective. it states about existing Anti-corruption Laws and wider the interpretation of Public servant and to bring each and every person who is required to person its virtue of public duty. Moreover, to make the Anti-corruption laws more effective by strengthening the scope of the Act.
Amendments for effective control
In 2011, May the Government of India has ratified the two (UN CONVENTIONS
that strengthen the UNCAC) and UNTOC (UNITED NATION CONVENTION AGAINST TRANSNATIONAL ORGANISED CRIME) the conventions imposed large number of regulations against members of state and effectively ensures the remedies for Domestic Laws for prosecuting the offence of bribery and corruption. To fulfil such International norms and measures the Union of India passed a Lokpal Act 2013 with amendment relating to corruption. Thus, the Act 1988 also amended by the Commission of Inquiry act. with Delhi Police Establishment Act, Code of Criminal Procedure1973, CVC Act 2003, Section 7,8,9 and section 12 of the Prevention of corruption Act 1988 the sentence for punishment was enhanced by three years after amendment and maximum has been enhanced to seven years. Section 13of the Act states about misconduct by public servant the minimum imprisonment was enhanced by four years and maximum imprisonment was enhanced by ten years. section 14 of the Act 1988 Habitual committing offence under section 8,.9 the imprisonment has been enhanced by five years. and maximum imprisonment has enhanced to ten years. Section 19 of the Act 1988 was amended for the purpose of prosecution.
Proposed Amendment to Bill 2013
The Act 2013 amends the prevention of Corruption Act 1988
The Act dealt with the offence covered by public servant under Abetment
The Bills lays an objective for offering a bribe to a public servant and commercial organization. the Bills also reviews the criminal misconduct and possession of misappropriation of assets.
Corruption is like a communal disease which once started has no end to come back. There is no denying that corruption is one of the country’s failure towards economic growth. corruption is a misuse of resources, misuse of public goods for private purposes. It also affects Public morality at large essence. Corruption has been spread in all sectors. Corruption has one of the highest causes of damaging the integrity of one’s nation. If the root cause will be eradicated from the nations automatically the other causes will spread it out. Corruption is not limited to only private gain however its been linked with the mal-practises, giving and taking bribes, under-table -transaction and even investors-transaction. Corruption is swindling conduct by people who are a high ranking of power, such as managers, or public servants. Corruption imply taking or giving bribe or unseemly gifts, treachery, illicit-transaction, influencing elections, reroute funds, laundering money and hoodwinking investors. The aim of the movement against the wicked practise of corruption is solely based upon the function of the Union.
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