PREVENTION OF CORRUPTION ACT, 1988 (PCA)

Whenever there is an issue requiring tough handling, instead of applying the existing laws with full vigour, we hear suggestions for enacting a newer and tougher law. I remember that after the massive Cyclone that hit Orissa in 2000, one of the ideas floated was that we should have a specific law making it incumbent on the public servants to handle such calamaties without any laxity. A few weeks back there was a shocking murder of a media-person in Mumbai and one of the ideas floated was the need to have a new law for the safety of the media-persons. The same is true to a different degree about combatting corruption in public life where the exercise is on to have a new law and set up newer structures.

The welcome discussion about curbing of corruption in India has aroused tremendous public interest on this subject. However one sometimes gets the impression from the debates as if at present there is no law to curb corruption amongst public servants in India.

The fact is that there is a law on prevention of corruptions since 1947. This law was revised and made more stringent in 1988 and is called the Prevention Of Corruption Act, 1988 (PCA).

Some of the noteworthy provisions of this Act are:

(i) It is a stringent law as for every act of corruption which stands proved under this Act has to be punished with a minimum of 6 months imprisonment. This mandatory punishment on conviction can go up to seven years. These are strong provisions considering that punishment for the heinous crime of attempt to rape under section 376 of the Indian Penal Code (IPC) is imprisonment for not less than 7 years and punishment for attempt to murder u/s 307 of the IPC is ten years.

(ii) Special courts are set up to try these cases with the aim of having speedy trials.

(iii) Even the Prime Minister has not been excluded from the purview of this legislation!

(iv) There is a provision for a summary trial though the punishments that can be awarded following that procedure are lesser.

Mandatory Punishments uner the Prevention of Corruption Act, 1988 (PCA)

Offence Mandatory Min. Punishment Maximum Punishment

Sec. 7: Public servant taking 6 months imprisonment 5 years imprisonment + fine

gratification other than legal

renumeration

Sec. 8: Taking gratification, in order 6 months imprisonment 5 years imprisonment + fine

by corrupt or illegal means, to

influence public servant

Sec. 9: Taking gratification for 6 months imprisonment 5 years imprisonment + fine

exercisie of personal influence

with public servant

Sec. 10: Abetment of the two above 6 months imprisonment 5 years imprisonment + fine

mentioned offences

Sec. 11: Public servant obtaining 6 months imprisonment 5 years imprisonment + fine

valuable thing without

consideration

Sec. 12: Abetment of offences 6 months imprisonment 5 years imprisonment + fine

in Sections 7 & 11

Sec. 13: Criminal misconduct 1 year’s imprisonment 7 years imprisonment + fine

by a public servant

Sec. 14: Habitual offences u/s 2 year’s imprisonment 7 years imprisonment + fine

8, 9 or 12 above.

Sec. 15: Attempt to commit 3 years imprisonment + fine

offences u/s 13 (1) cl. (c)

& (d)

For effecting speedy trial, the Judge can also follow the procedure of Summary Trial as given in the Cr.P.C. and award punishment up to one year’s jail.

SOME SUGGESTIONS: Can something be done to tackle corruption while we debate for bringing in an almost perfect law for having a set-up under the proposed Lokpal/Jana Lokpal? Here are some suggestions:

(i) Make the existing institution of the Central Vigilance Commission stronger;

(ii) Put the existing Central Bureau of Investigation under the administrative control of the CVC;

(ii) Triple the number of Courts that handle corruption cases;

(iii) Prescribe a time limit for grant/refusal of permission from Govt.

(iv) At individual level, do not give any bribe.