The Prevention of Corruption (PC) Act, 1988, is a comprehensive legislation enacted to combat corruption in government offices, public sector entities, and institutions receiving government aid. It consolidates and amends previous laws on corruption and includes 31 sections across five chapters. The Act empowers the central government to appoint special judges for investigating and trying offences involving public servants, including bribery, misappropriation, and disproportionate assets. Amendments in 2013 and 2018 broadened definitions, introduced stricter penalties for bribery, and included provisions for expedited trials. Notable changes include making bribery by private individuals and organizations punishable and requiring prior government approval for investigations unless caught in the act. The Act supersedes the Indian Penal Code (IPC) in addressing corruption and is supported by other laws like the PMLA and Lokpal Act. Anti-corruption agencies like the CBI, CVC, and state bureaus enforce these provisions. The Act defines public servants broadly, covering officials from government, public sector banks, and institutions. It criminalizes bribery, undue advantage, and abuse of official position. Through extensive surveillance and detection mechanisms, the Act aims to uncover disproportionate assets and illicit enrichment among public officials.

(A) Meaning for PC Act, 1988

1. For Introduction on PC Act, 1988

(i) PC Act, 1988 is enacted by parliament for combating corruptions in government offices + public sector entities + institutions those are working with govt.’s aids (all).

(ii) PC Act, 1988 is consolidating + amend-ing 100% existing laws for Prevention of Corruptions + also for other matters connected therewith (all)

(iii) PC Act, 1988 is consisting 5 chapters spreading in 31 sections

(iv) Central Government has power to appoint special judges of special courts for investigating + also trying certain offences committed by public servants like:

(a) 100% offences committed by public servants + also punishable under PC Act, 1988 (both)

(b) 100% conspiracies to commit + also attempt to commit offences specified under PC Act, 1988 (both).

• PC Act, 1988 is not allowing time barred provisions therefore public servants are carrying risk for prosecuting them till their last breath

2. For Background of PC Act, 1988

(i) Initially Indian Penal Code (IPC) 1860 was dealing with briberies + also corruptions (both) committed by public servants before insertion of PC Act, 1988

(ii) PC Act, 1947 was enacted for dealing with briberies + also corruptions (both) committed by public servants after India’s independence in 1947

(iii) PC Act, 1947 was 1^st time amended by Criminal Law Amendment (CLA) Act, 1952

(iv) PC Act, 1947 was 2^nd time amended by Anti-Corruption Laws Amendment (ALAA) Act 1964

(v) Abovementioned 2 amendments in PC Act, 1947 was made in 1952 + also 1964 (both) based on recommendations received from Santhanam Committee.

(vi) PC Act, 1947 is basis for enacting PC Act, 1988

(vii) PC Act, 1988 is enacted for combating corruptions in govt. offices + public sector entities + also institutions those are working with govt.’s aids / supports (all).

(viii) PC Act, 1988 is enacted for prosecuting persons those are assisting to criminals in perpetrating briberies + also corruptions offences (both)

3. For Differences between PC Act, 1947 and PC Act, 1988

(i) Now definitions broadened for public duty + also public servant (both) in PC Act, 1988 in comparison to PC Act, 1947

(ii) Now transferred burden of proof from prosecutor to accused person for committing offence in PC Act, 1988 in comparison to PC Act, 1947

(iii) Now Investigation Officers (IOs) are required to be minimum rank of DCP in PC Act, 1988 in comparison to PC Act, 1947

(iv) Now definitions broadened for employees of Central govt. + Union Territories (UTs) + Public Sector Banks (PSBs) + University Grants Commission (UGC) + Vice-chancellors + Academics + also etc. (all) in PC Act, 1988 in comparison to PC Act, 1947

(v) Now definitions broadened for briberies + misappropriations of property + acquiring monetary advantages + assets disproportionate to known source of incomes + also etc. (all) in PC Act, 1988 in comparison to PC Act, 1947.

4. For Giving undue advantage by public servant (Section 7)

(i) Public servant is not permitted to take undue advantages over and above his le-gal remuneration

(ii) Public servants are liable for imprisonment for minimum 3 years and maximum 7 years + also liable for fine (both)

5. For Taking undue advantage by any person (Section 7A)

(i) Any person is not permitted for taking undue advantages by influencing public servant through illegal means + also corrupt means (both)

(ii) Any person is liable for imprisonment minimum 3 years and maximum 7 years + also liable for fine (both)

6. For Public servant’s criminal misconduct (Section 13)

(i) Public servant is not permitted for criminal misconduct

(ii) Public servant is liable for imprisonment minimum 4 year and maximum 10 years + also liable for fine (both)

7. For Amendments made in 2013 in PC Act, 1988

(i) Now bribe giver is punishable offence under PC Act, 1988

(ii) Now public servant is not punishable under PC Act, 1988 when he has already reported for compelling him to accept bribe to law enforcement agency within 7 days

(iii) Now public servant is punishable for illicit enrichment through disproportionate assets to his known source of incomes which is treated criminal misconduct under PC Act, 1988

(iv) Now public servant is punishable for fraudulent misappropriation of property which is treated criminal misconduct under PC Act, 1988

(v) (a) Now prior approval from Central govt. or State govt. or local body or other public authority (any) is required for conducting investigations against public servant

(b) Abovementioned approval is not required when public servant has already been arrested on spot for taking bribe

8. For Amendments made in 2018 in PC Act, 1988

(i) Now bribery is treated specific offence + also direct offence (both)

(ii) Now bribe taker is liable for imprison-ment minimum 3 years and maximum 7 years + also liable for fine (both)

(iii) Now bribe giver is liable for imprison-ment maximum 7 years + also liable for fine (both)

(iv) Now definitions broadened for criminal misconduct where misappropriation of property + also possession of disproportionate assets (both) are included

(v) Now CBI is not permitted to start investigation for prosecuting public servant without approval from Central govt. or State govt. or local body or other public authority (any)

(vi) Now abovementioned approval is not required when public servant has already been arrested on spot for taking bribe

(vii) Now undue advantages are to be established for taking bribe by public servant

(viii) (a) Now trial for bribes + also corruptions are to be completed within 2 years

(b) Now abovementioned trials are permitted to be completed within 4 years when reasons are recorded in writing for exceeding 2 years.

(ix) (a) Now bribe giver commercial organizations are liable for punishment or prosecution (any)

(b) Now bribe giver charitable institutions are not liable for punishment or prosecution (any) under head commercial organizations

(x) Now powers + procedures are prescribed for attaching + also forfeiting of public servant’s property (all).

(B) Frequently Asked Questions (FAQs) for PC Act, 1988

9. What are Objects for introducing PC Act, 1988 ?

• PC Act, 1988 is applicable from September 09, 1988 over and above Indian Penal Code (IPC) 1860 for effectively implementing Anti-Corruption legislations through widening its scope + also tightening provisions to improve further statute’s effectiveness (both)

10. What are Employers for investigating under PC Act, 1988 

• Central govts. + state govts. + Union Territories (UTs) govts. + also institutions those are taking financial aids from govt. (all) are permitted for investigations against offences under PC Act, 1988 through designated police officers not below rank of DCP

11. When are Bribe giver not to be prosecuted ?

• Bribe giver is eligible for not to be prosecuted when he has already informed to enforcement agency that govt. servant is pressurising to pay bribe.

12. Who are Authorities for complaining against public servant ?

(i) Anti-corruption branch of local Central Bureau of Investigation (CBI) for complaining against Central govt.’s employees (public servant)

(ii) Lokayukta or Vigilance commission for complaining against State govt.’s employees (public servant)

13. What are Bribes ?

(i) When public servant is accepting bribe for performing official duties like accept-ing bribe for issuing driving licenses or allow-ing to encroach public land (any)

(ii) When public servant is soliciting or receiving illegal undue advantages

(iii) When public servant is receiving bribe as motive or reward for doing work in future

(iv) When public servant is receiving any-thing over and above his legal remuneration

(v) When public servant is demanding bribe beside further not actually received.

(vi) When public servant is receiving bribe in cash or in kind (any)

14. What are Corruptions ?

• Corruption by public servant is to include any 1 out of 3 categories like:

(i) When public servant is accepting bribe + also playing role as abettor for taking undue advantages (both)

(ii) When public servant is abusing his official position for taking undue advantages

(iii) When public servant is possessing disproportionate assets over and above his known source of in-comes

15. What are Official position’s abuses ?

(i) Abuse of official position is to include mis-using or using his official position for undue advantages in cash or in kind (any)

(ii) Abuse of official position is bigger than bribery’s offence

(iii) Abuse of official position is to include corrupt or illegal means (any).

(iv) Abuse of official position is to include taking monetary advantages or valuables for himself or other person (any).

(v) Abuse of official position is to include act which is causing wrongful loss to govt. for monetary advantages to allow any benefit to 3^rd party.

(vi) Abuse of official position is to include issuing contracts to bidder at higher rate

16. What are Disproportionate assets ?

(i) Generally large numbers of public servants are involved in corrupt activities on regular basis.

(ii) Generally its difficult to catch public servants on spot while accepting bribe without extensive surveillance in official systems.

(iii) Generally bribed monies are being converted into movable + also immovable (both) assets

(iv) Therefore govt. is required to detect public servants those are having disproportionate assets over and above their known source of incomes.

17. Who are Deemed public servants ?

(i) Public servant is to include chairman + members + also employees (all) belongings to service commission or service board (any).

(ii) Public servant is to include other public authority who is conducting examinations like professor or lecturer (any).

(iii) Public servant is to include office bearers + also employees (both) belongings to educational or scientific or social or cultural or other institu-tions those are receiving aids / grants from Central govt. or State govt. or local body or other public authority (any).

18. What are Other statues relevant for PC Act, 1988 ?

(i) Indian Penal Code (IPC) Act 1860 (Now Bharatiya Nyaya Sanhita (BNS) 2023)

(ii) Criminal Law Amendment (CLA) Ordinance Act 1944

(iii) Delhi Special Police Establishment (DSPE) Act 1946

(iv) Prohibition of Benami Property Transactions (PBPT) Act, 1988

(v) Prevention of Money Laundering Act (PMLA) 2002

(vi) Right to Information (RoI) Act 2005

(vii) Lokpal and Lokayukta (LL) Act 2013

(viii) Whistle Blowers Protection (WBP) Act, 2011

19. What are agencies relevant for PC Act, 1988 ?

(i) Central Bureau of Investigation (CBI)

(ii) Central Vigilance Commission (CVC)

(iii) State Anti-Corruption Bureau (SACB)

(iv) Enforcement Directorate (ED)

20. What are Nature of cas-es relevant for PC Act, 1988 ?

(i) Trapping’s cases

(ii) Disproportionate asset’s cases

(iii) Abusing of official position’s cases

21. What are Triable cases by special judge under PC Act, 1988 ?

(i) Bribery cases

(ii) Corruption cases

(iii) Conspiracy’s cases

(iv) Abetment’s cases

(v) Attempt’s cases

(vi) Other related offence’s cases

22. What are Circumstances for applicability on private individuals (Section 8) ?

(i) 100% (wholly) PC Act, 1988 is applicable on public individuals (public servants)

(ii) Not 100% (partially) PC Act 1988 is applicable on private individual (not public servants) like:

• Section 8 of PC Act, 1988 is applicable on private individuals when they are asking bribes / gratifications from any person for influencing public servant

(iii) Private individual is liable for imprisonment maximum 7 years or fine or imprisonment + fine both

(iv) Section 8 of PC Act, 1988 is applicable on private individuals when they are asking bribes / gratifications from any person based on their closeness with public servants beside actually not influencing him like:

(a) Relatives of public servants

(b) Acquaintances of public servants

(c) Friends of public servants

23. What are Procedures for investigating + prosecuting public servants ?

(i) Certain ’s agencies are permitted for investigating + also prosecuting (both) when not involving in money laundering like:

(a) Central Vigilance Commission (CVC)

(b) Central Bureau of Investigation (CBI)

(c) State Anti-Corruption Bureau (State ACB)

(ii) Certain ’s agencies are permitted for investigating + also prosecuting (both) when involving in money laundering like:

(a) Enforcement Directorate (ED)

(b) Financial Intelligence Unit- India (FIU-IND)

(iii) CBI + State’s ACBs are investigating under PC Act, 1988 + IPC, 1860 for bribes / gratifications + also corruptions (all) matters when offences are committed by public servants

(iv) CBI is investigating when offences are committed by Central’s employees + also UT’s employees (both)

(v) (a) State’s ACBs are investigating when offences are committed by State’s employees

(b) CBI is also permitted for investigating when state govt. has referred where offences are committed by State govt.’s employees

(vi) CVC is monitoring investigations being carried by govt. agencies for bribes / gratifications + also corruptions (both) matters.

(vii) (a) CVC is permitted for recommending matters to designated Central Vigilance Officer (CVO) of each department

Or

(b) CVC is permitted for recommending matters to CBI

(viii) CVC + also CVO (both) are permitted for advising disciplinary actions against public servants

(ix) Abovementioned investigation agencies are required to take prior approval from Central govt. or State govt. or local body or other public authority (any) for prosecuting against offence committed by public servants.

(x) Gov.’s prosecutors are required to handle prosecution proceedings through Special Judge in Special Courts.

24. What are Constitutional provisions for PC Act, 1988 ?

(i) Codified laws are additionally providing statutory + also legal provisions (both) for corruptions in India.

(ii) Writ Jurisdiction’s provisions are available in Constitution of India (Supreme law).

(iii) Office of Comptroller and Auditor General (CAG) is established for controlling money + also economic (both) offences.

(iv) Certain agencies are working at Central + also State govt. (both) levels over and above CAG like:

(a) Central Vigilance Commission (CVC)

(b) Committee on Parliament Accounts (CPA)

(c) Central Bureau of Investigation (CBI)

(d) State Anti-Corruption Bureau (State ACB)

(v) Supreme court is custodian for protecting basic rights referred in Part III of Constitution of India

(vi) Fundamental rights are available against State govt.’s powers.

(vii) States are defined under Article 12 of Constitution of India

(viii) Certain writs are available by Article 32 + also 226 of Constitution of India (both)

(ix) Certain opportunities are available for filing Public Interest Litigation (PIL) like:

(a) Writ of Habeas corpus

(b) Writ of Mandamus

(c) Writ of Prohibition

(d) Writ of Certiorari

(e) Writ of Quo-Warranto

(x) (a) Abovementioned PILs are having influence + also authority (both) under various domains.

(b) PILs are powers available in hands of judiciary for restricting administrative discretionary powers.

(xi) Constitution of India is providing guarantee for right to justice to 100% Residents of India (RoI).

(xii) Constitution of India has established federal govts. like Central at Central level + also State govts. at state level (both).

(xiii) Crimes are state’s subject beside law and order are listed con-currently.

(xiv) Constitution of India has taken several measures for combating corruptions in Indian society.

(xv) Article 311 of Constitution of India + also judicial reform process (both) have made best efforts for combating corruption in Indian

(C) Indian Courts’s decisions

25. For Vasant Rao Guhe Vs. State of M.P. (2017) Supreme court

• Supreme court has pronounced that investigating agencies are required to prove be-yond reasonable doubt that public servant had financial resources or properties (any) over and above his known source of incomes for prosecuting against committing offence by him under PC Act, 1988.

26. For Amrit Lal Vs. State of Punjab (2016) Punjab-Haryana High Court

• Punjab-Haryana High Court has pronounced that public servants are entitled for giving benefit of doubt therefore it’s presumed that he has not committed offence under section 7 of PC Act, 1988 when evidences for demanding bribe were not validated due to lack of verification. Hence demanding bribe is necessary condition for prosecuting public servants.

27. For Satyanarayana Murthy Vs. District Inspector of Police (2015) Supreme court

• Supreme court has pronounced that use of corrupt or illegal means or abusing official position for obtaining valuable things or financial advantages (any) is not automatically treated offence until proven with proof for demanding bribe beside cash seized from public servant in accordance to section 7 or 13(1)(d) of PC Act, 1988

28. For Bhupinder Singh Sikka Vs. CBI (2011) Delhi High Court

• Delhi High Court has pronounced that “public” insurance company’s employees are liable for prosecution against committing offence. Hence abovementioned employees are treated public servant under PC Act, 1988 when public insurance company is established under act of Parliament.

29. For Parkash Singh Badal Vs. State of Punjab and Ors (2006) Supreme court

• Supreme court has pronounced that public servants are liable for prosecution against committing offence in accordance to section 8 or 9 of PC Act, 1988 (any) when they are receiving compensation for persuading another public servant to perform or to refrain from performing official act (any)

30. For Subhash Parbat Sonvane Vs. State of Gujarat (2002) Supreme court

• Supreme court has pronounced that public servants are liable for prosecution against committing offence in accordance to section 7 or 13(1)(d) of PC Act, 1988 (any) against receiving valuable things or financial advantageous for abusing his official position through dishonest or illegal means for another person without any consideration in public interest.

31. For P. Nallamal Vs. State (TN) (1999) Supreme court

(i) Supreme court has pronounced that abettors are “also” to be prosecuted for supporting to acquire disproportionate assets by public servant under PC Act, 1988

(ii) Supreme court has further pronounced that 100% public servants are legally required (bound) to disclose their nature of incomes to employers like Central govt. or State govt. or local body or other public authority (any) otherwise non-disclosure to be treated as disproportionate assets over and above known source of incomes.

32. For Habibulla Khan Vs. State of Orissa (1995) Cuttack High Court

• Cuttack High Court has pronounced that MLAs of state assembly are liable for prosecution against committing offence. Hence MLAs are treated public servants therefore approval is required from Central govt. or State govt. or local body or other public authority (any) before prosecuting him under section 19(1) of PC Act, 1988.

33. For K. Veera Swami Vs. Union of India (1991) Supreme court

• Supreme court has pronounced that possessing assets by public servants over and above their known source of incomes are to be treated assets acquired through illegitimate means therefore they are liable for prosecution against committing offence under PC Act, 1988

34. For M. Karunanidhi Vs. Union of India (1979) Supreme court

• Supreme court has pronounced that Prime Minister + Ministers + Chief Ministers + MPs + MLAs + also etc. (all) are treated public servants as they are receiving salaries / remunerations for providing their services in accordance to section 2(C) of PC Act, 1988 similar to section 21(12) of Indian Penal Code (IPC) 1860.

(D) Preliminary (Chapter –I)

35. For Details (Section 1)

• Chapter-I is containing certain details like:

(i) Details for title

(ii) Details for territorial extent

(iii) Details for basic definitions like:

(a) Public servant

(b) Undue advantage

36. For Act’s applicability (Section 1)

• PC Act, 1988 is applicable to whole of India including J&K + to 100% Indian citizens located in India + also located outside India (all)
• Definitions (Section 2) Ä

37. For Election (Section 2(a))

• To include all kinds of elections under Indian laws for selecting members for certain govt. or authorities (any) like:

(i) Members of Parliament

(ii) Members of Legislature

(iii) Members of Local authority

(iv) Members of Other public authority

38. For Prescribed (Section 2(aa))

• To include 100% rules + also expressions (both) made for PC Act, 1988

39. For Public Duty (Section 2(b))

• To include 100% duties for discharging any work relating to govt. + public or community (both) are having interest

40. For State (Section 2(b))

• To include 100% corporations as established under certain acts like:

(i) Established under Central Acts

(ii) Established under Provincial Acts

(iii) Established under State Acts

(iv) Established under Authority owned or controlled or aided by govt.

(v) Established under Authority owned or controlled or aided by govt. company as defined under section 2(45) of Companies Act (CA) 2013

• Public Servant (Section 2(c)) Ä

41. For ’ employees (Section 2(c)(i))

• To include certain employees working in govts. like:

(i) 100% employees working in ’s service

(ii) 100% employees working based on govt.’s pay

(iii) 100% employees working based on govt.’s remuneration like fee or commission (any) for performing public duties.

42. For Local authorities’ employees (Section 2(c)(ii))

• To include certain employees working in local authorities like:

(i) 100% employees working in local authority’s service

(ii) 100% employees working based on local authority’s pay

43. For Corporations’ employees (Section 2(c)(iii))

• To include certain employees working in corporations like:

(i) 100% employees working in corporations established by Central govt.

(ii) 100% employees working in corporations established by State govt.

(ii) 100% employees working in corporations established by Authority owned or control or aided by govt. (any)

(iv) 100% employees working in corporations established by Body owned or control or aided by govt. (any)

(v) 100% employees working in govt. company as defined under section 2(45) of CA, 2013

44. For Courts’ employees (Section 2(c)(iv))

• To include certain employees like:

(i) 100% employees working as judges for discharging adjudicatory functions

(ii) 100% law’s empowered employees working for discharging adjudicatory functions through himself or member of Body of Persons (BoPs) any

45. For Court’s authorized persons (Section 2(c)(v))

• To include certain persons authorized by courts like:

(i) 100% authorized persons working as administration of justice

(ii) 100% authorized persons working as official liquidators

(iii) 100% authorized persons working as official receivers

(iv) 100% authorized persons working as official commissioners

46. For Arbitrators’ persons (Section 2(c)(vi))

• To include certain persons working as arbitrators + etc. like:

(i) 100% persons working for passing decision on behalf of court of justice

(ii) 100% persons working for issuing report on behalf of court of justice

(iii) 100% persons working for passing decision on behalf of competent public authority

(iv) 100% persons working for issuing report on behalf of competent public authority

47. For Elections’ employees (Section 2(c)(vii))

• To include certain employees for elections’ services like:

(i) 100% employees working for preparing electoral roll or conduct election

(ii) 100% employees working for publishing electoral roll or conduct election

(iii) 100% employees working for maintaining electoral roll or conduct election

(iv) 100% employees working for revising electoral roll or conduct election

48. For Public employees (Section 2(c)(viii))

• To include 100% employees authorized for per-forming public duties

49. For Co-operative societies’ employees (Section 2(c)(ix))

• To include certain employees of registered co-operative societies like:

(i) 100% employees working for registered co-operative societies engaged in agriculture + industries + trade + also banking (all)

+ (plus)

(ii) Also receiving financial aids from certain govts. or public authorities “both” like:

(iii) Receiving financial aids from Central govt.

(iv) Receiving financial aids from State govt.

(v) Receiving financial aids from Corporation established by Central govt. or Provincial or State govt. or Authority or Body owned or controlled or aided by govt. or govt. company (any) defined under section 2(45) of CA, 2013

50. For Service commissions’ employees (Section 2(c)(x))

• To include certain persons of service commission or service board + also members of selection committee appointed by commission or board (both) like:

(i) Chairman of service commission or service board

(ii) Members of service commission or service board

(iii) Employees of service commission or service board

(iv) Members of selection committee for conducting ex-amination or making selection on behalf of Commission or Board (any)

51. For University’s employees (Section 2(c)(xi))

• To include certain person of any university + also any other person (both) like:

(i) Vice-chancellor of university

(ii) Members of governing body of university

(iii) Professors of university

(iv) Readers of university

(v) Other teachers of university

(vi) Employers of university

(vii) Other persons whose services are being availed by university + also by other public authority (both) for holding or conducting (any) examinations

52. For Institutions’ employees (Section 2(c)(xii))

• To include officer bearers + also employees (both) of certain institutions those are receiving financial aids / grants from Central govt. or State govt. or local body or other public authority (any) like:

(i) Education institutions

(ii) Scientific institutions

(iii) Social institutions

(iv) Cultural institutions

(v) Other institutions

53. For Undue advantage (Section 2(d))

• To include enjoyments + also pleasures (both) other than legal remunerations like:

(i) Abovementioned enjoyments + pleasures are to include in cash + also in kinds (all)

(ii) Abovementioned legal remunerations are to include certain receipts like:

(a) Remunerations received in cash by employees (public servants)

(b) Remunerations received in kind by employees (public servants)

(iii) Abovementioned employees (public servants) are to include directly or indirectly appointed by govt. (any).

(E) Special Judges (Chapter -II)

54. For Appointments + qualifications (Section 3)

(i) Central + also State (both) govt.’s are empowered to appoint special Judges for special courts through Notification in Official Gazette for trials 100% punishable offences like conspiracy to commit + attempt to commit + also abetment (all) offences specified under PC Act, 1988.

(ii) Special judge’s qualification should be equivalent to:

(a) Session judge under Code of Criminal Procedure (CCP) 1973

(b) Additional session judge under CCP 1973

(c) Assistant session judge under CCP 1973

55. For Triable cases (Section 4)

(i) Special judges are “only” permitted for trial against punishable offences referred under section 3(1) of PC Act, 1988

(ii) Special judges are “also” permitted for trial against punishable offences referred under “other than” PC Act, 1988 when accused is to be charged through same trial under Cr.P.C Act 1898

(iii) Special judges are required to record reasons in writing for not completing trials within timeline specified

(iv) Special judges are permitted to extend time-line for completing trials through recording reasons in writing

(v) Abovementioned 1 time extension is permitted for maximum 6 months

(vi) Abovementioned multiple times extensions are permitted for maximum 4 years in aggregate

(vii) Special judges are recommended to hold daily trials

56. For General trials powers (Section 5)

(i) Special judges are empowered for general trial against offences committed by public servants without trial

(ii) However special judges are required to follow procedures prescribed by CCP, 1973 (2 of 1974) for trial of warrant’s cases as available for Magistrates

(iii) Special judges are empowered for pardon to main accused or other person who was directly or indirectly connected with offence when he has made 100% (full) true disclosure about 100% circum-stances within his knowledge relating to offence similar to prescribed under section 308(1) to (5) of CCP, 1973 (2 of 1974) + also pardon is deemed to be tendered under section 307 of CCP, 1973 (both)

(iv) (a) Special judges are empowered to apply provisions of CCP, 1973 (2 of 1974) during trial proceedings before him when provisions under PC Act 1988 are not inconsistent with each other

(b) Also trial proceedings of special judge shall be deemed to be court of session

(c) Also person conducting prosecution trial before special judge shall be deemed to be public prosecutor

(v) (a) Provisions under section 326 + also 475 (both) of CCP, 1973 (2 of 1974) shall be applied during trial proceedings before special judge

(b) Also special judge shall be deemed to be Magistrate

(vi) Special judge is empowered to pass order for imprisonment as punishment of offence

(vii) Special judge is empowered to exercise 100% powers + also functions (both) exercisable by District judge under Criminal Law Amendment Ordinance (CLAO) 1944

57. For Summary trials powers (Section 6)

(i) Special judges are empowered for summary trial against offences committed by public servant specified under section 3(1) of PC Act, 1988 relating to contravention of any special order referred under sec. 12A(1) of Essential Commodities Act, 1955

(ii) Special judges are not empowered to pass order under summary trial when imprisonment period is exceeding 1 year

(iii) Special judges are empowered to carry summary trial in accordance to procedure prescribed by CCP, 1973 for warrant cases’ trial by Magistrates when imprisonment is likely to be exceeded by 1 year or summary trial is insufficient to cover offence committed by public servant

(iv) Convicted persons are not permitted to file appeal against order pass under summary trials when imprisonment is not exceeding 1 month + also fine is not exceeding 2 thousand (both)

(F) Offences + Penalties (Chapter -III)

58. For Giving undue advantage by public servant (Section 7)

• 100% public servants are not permitted for giving undue advantages against bribes like:

(i) (a) 100% public servants are not permitted for obtaining or accepting or attempting to obtain (any) undue advantage against not properly performing public duties

(b) Also not permitted to act dishonestly by himself or through other public servants (any)

(ii) (a) 100% public servants are not permitted for obtaining or accepting or attempting to obtain undue advantage for improper or dishonest performance of public duties (any)

(b) Also not permitted for stopping to perform public duty by himself or other public servants (any)

(iii) (a) 100% public servants are not permitted for performing or inducing other public servants to perform improperly or dishonestly of public duties (any)

(b) Also not permitted for stopping performance of public duties against anticipation undue advantages

(c) Public servants are liable for imprisonment for minimum 3 years and maximum 7 years + also liable for fine (both).

•Explanation-1•

• Giving undue advantages are to include certain actions + also not improper public duties’ performance (both) like:

(i) Obtaining undue advantages

(ii) Accepting undue advantages

(iii) Attempting to obtain undue advantages

•Explanation-2•

• Giving undue advantages are to include certain circumstances like:

(i) When public servant is obtaining or accepting or attempting to obtain undue advantages (any)

(ii) Abovementioned undue advantages may be for him-self or for other persons (any)

(iii) Abovementioned undue advantages may be by abusing his public servant’ position or by using his influence over other public servants or by other corrupt or illegal means (any)

• Explanation-3 •

• Giving undue advantages are to include certain modes like:

(i) When public servant is obtaining or accepting or attempting to obtain undue advantages (any) directly

(ii) When public servant is obtaining or accepting or attempting to obtain undue advantages (any) indirectly

59. For Taking undue advantage by any person (Section 7A)

(i) Any person is not permitted for accepting or obtaining or attempting to obtain undue advantages for himself or other person through corrupt or illegal means or exercising his personal influence to perform public duties improperly or dishonesty or stopping from exercising public duties to be carried by public servant or by other public servants (any)

(ii) Abovementioned any person is liable for imprisonment minimum 3 years and maximum 7 years + also liable for fine (both).

60. For Giving undue advantages by any person (Section 8)

(i) Any person is not permitted for giving or promising to give undue advantages to other persons with certain intentions like:

(a) For inducing public servants to perform public duties improperly

(b) For rewarding public servants for per-forming public duties improperly

(ii) Abovementioned any person is liable for imprisonment maximum 7 years or fine + imprisonment + fine both

(iii) (a) Abovementioned any person is not liable for imprisonment + also fine (both) when he is compelled to give undue advantages

But

(b) He has reported matter to law enforcement authority or investigating agency within 7 days from date of compelling to give undue advantages.

(iv) Commercial organization is liable for fine when offence for giving undue advantages is committed by Commercial organization

(v) Abovementioned offence for giving undue advantages is also to include when given directly or through 3^rd party (any)

(vi) Abovementioned any person is not liable for imprisonment + also for fine (both) when he has promised to give undue advantages to other persons in order to assist law enforcement authority or investigation agency during offence’s investigation after he has already informed to enforcement authority or investigation agency (any)

61. For Taking undue advantages by commercial organization (Section 9)

(i) Commercial organization is punishable with fine for taking undue advantages from public servants when taken through person associated with commercial organization like:

(a) For obtaining + also retaining business (both) for commercial organization

(b) For obtaining + also retaining advantages (both) in conducting business for commercial organization

(ii) Commercial organization is not punishable with fine when able to prove that it had followed adequate procedures in accordance to compliances prescribed for preventing to take undue advantages from public servants

62. For Commercial organization’s nature (Section 9(1))

• Commercial organizations are to include certain entities as referred in section 8 of PC Act, 1988 like:

(i) Commercial organizations are to include bodies as incorporated in India + also carrying business in India or outside India (both)

(ii) Commercial organizations are to include bodies as incorporated outside India + also carrying business in India (both)

(iii) Commercial organizations are to include partnership firms + Association of Persons (AoPs) formed in India + carrying business in India or outside India (both)

(iv) Commercial organizations are to include partnership firms + Association of Persons (AoPs) formed outside India + also carrying business in India (all)

63. For Commercial organization’s businesses (Section 9(3)(b))

• Commercial organization’s businesses are to include certain natures like:

(i) Carrying trading businesses

(ii) Carrying professional activities

(iii) Providing service activities

64. For Commercial organization’s associated persons (Section 9(3)(c))

• Commercial organization’s associated person are to include certain individuals like :

(i) Persons those are performing services on behalf of commercial organization

(ii) Abovementioned persons are required to give promise or to give undue advantages as re-ferred offence under section 9(1) of PC Act, 1988.

(iii) Associate persons are to include certain employees or agents or subsidiaries of commercial organizations (any) who is performing services on behalf of commercial organization

65. For Cognizable offence (Section 9(4))

• To include certain offences are cognizable as referred in section 7A + 8 + also 9 (all) beside anything is contained in CCP, 1973 (2 of 1974)

66. For Central govt.’s guidelines (Section 9(5))

• Central govt. is empowered to prescribe necessary guidelines for preventing commercial organization’s associated persons from giving undue advantages to public servants in consultation with concerned stakeholders + also departments (both).

67. For Offence’s responsibility (Section 10)

(i) Commercial organization’s director or manager or secretary or other officer shall be responsible when offence is committed in connivance of him under section 9 of PC Act, 1988.

(ii) Abovementioned offence should be proved in special court under PC Act, 1988

(iii) Abovementioned responsible person is liable for imprisonment minimum 3 years and maximum 7 years + also liable for fi-ne (both)

(iv) Word director shall be replaced with partner for partnership firm

68. For Undue advantages without considerations (Section 11)

(i) Public servants are not permitted for taking undue advantages without consideration + also inadequate consideration (both) from any per-son.

(ii) Public servant liable for imprisonment minimum 6 months and maximum 5 years + also liable for fine (both)

69. For Abetting of offence (Section 12)

(i) Every person is liable under PC Act, 1988 for abetting of offence beside offence is not committed in consequence of abetment

(ii) Abovementioned person is liable for imprisonment minimum 3 years and maximum 7 years + also liable for fine (both)

70. For Criminal misconduct (Section 13)

• Public servants are liable for committing offence of criminal misconduct in certain circumstances like:

(i) When public servants are dishonestly or fraudulently misappropriating or otherwise converting property entrusted to him or property under his control as public servant (any) for his own use

(ii) When public servants are intentionally en-riches himself illicitly during period of his office

(iii) Public servants are liable for imprisonment minimum 4 years and maximum 10 years + also liable for fine (both) against committing crim-inal misconduct

71. For Habitual offender (Section 14)

• Public servant being habitual offender is liable for imprisonment minimum 5 years and maximum 10 years + also liable for fine (both) against 2^nd time committing offence under PC Act, 1988

72. For Attempting to commit offence (Section 15)

• Any person is liable for imprisonment minimum 2 years and maximum 5 years + also liable for fine (both) against attempting to commit offence under section 13(1)(a) of PC Act, 1988

73. For Fixing fine’ considerations (Section 16)

• Special court is empowered for fixing fine against offence committed under section 7 + 8 + 9 + 10 + 11 + 13(2) + 14 + also 15 (all) based on certain criteria’s like:

(i) Quantum of amount involved in committing offence

(ii) Value of property involved in committing offence

(iii) (a) Pecuniary resources involved in committing offence

Or

(b) Pecuniary property involved in committing offence under section 13(1)(b) of PC Act, 1988 when ac-cused person is unable to give satisfactory reply

(G) Investigations against offences (Chapter – IV)

74. For Authorized persons (Section 17)

• Authorized persons permitted to investigate + also to arrest without warrant (both) against offences committed under PC Act, 1988 are required not be police officer below certain rank like:

(i) Inspector of Police (IP) under Delhi Special Police Establishment (DSPE) in Delhi metropolitan area

(ii) Assistant Commissioner of Police (ACP) in other metropolitan areas notified under section 8(1) of CCP, 1973 like:

(a) Mumbai metropolitan area

(b) Calcutta metropolitan area

(c) Madras metropolitan area

(d) Ahmedabad metropolitan area

(e) Bengaluru metropolitan area

(f) Hyderabad metropolitan area

(g) Punemetropolitan area

(h) Other metropolitan area

(iii) Deputy Superintendent of Police (DSP) in other than abovementioned areas without order from Metropolitan Magistrate (MM) or 1^st class Magistrate

(iv) However police officer not below rank of Superintendent of Police (SP) is permitted for investigating offence committed under section 13(1)(b) of PC Act, 1988.

75. For Arrest by police officer (Section 17A)

(i) Police officer is not permitted to conduct enquiry or inquiry or investigation against alleged offences by public servants for discharging his official duties without prior approval from Central or State govt. (any) like:

(a) When public servant is employed for conducting affairs of Central govt.

(b) When public servant is employed for conducting affairs of State govt.

(ii) However abovementioned approval is not required for arresting public servant when he is caught on spot against accepting or attempting to accept undue advantage for himself or for other person (any).

(iii) Central or State govt. (any) is required to convey its decision within minimum 3 months and maximum 1 year after recording reasons in writing under section 17A of PC Act, 1988.

76. For J&K + Ladakh Union Territories (Section 17B)

(i) J&K + also Ladakh (both) govts. are required to establish Anti-Corruption Bureau (ACB) through notification in official gazette for investigating offences under PC Act, 1988

(ii) Abovementioned ACB is permitted to have certain necessary employees like:

(a) 1 Director

(b) More than 1 officers

(c) More than 1 sub-ordinates

(iii) ACB’s officers are required to be qualified equivalent to prescribed by J&K govt.

(iv) ACB’s director + officers + sub-ordinates are permitted to hold offices + also to obey terms and conditions (all) to be determined by J&K govt.

77. For Property attachment’s powers (Section 17C)

(i) DSP of ACB is permitted for attaching property under investigation when he has reason to belief that same property is acquired by public servant through taking undue advantage as constituted criminal misconduct under section of 5 of PC Act, 1988

(ii) Abovementioned ACB is required to take prior approval in writing from ACB’s director for property’s attachment

(iii) Abovementioned ACB is permitted to issue order that property shall not be trans-ferred or otherwise dealt without prior approval from him when property’s attachment is not practical

(iv) Abovementioned ACB is permitted to issue order without FIR for maximum 90 days that property shall not be transferred or otherwise dealt (any) when he has reason to belief

(v) Abovementioned attachment is to include temporarily assuming custody + possession + also property’s control (all)

(vi) Abovementioned ACB is required to inform Central govt. or State govt. within 48 hours from property’s seizure or attachment (any) + also to submit report about circumstances (both)

(vii) (a) Abovementioned Central govt. or State govt. is permitted to confirm or revoke property’s seizure or attachment (any) within maximum 30 days

(b) Also required to provide opportunity of being heard to abovementioned ACB + to public servant (both) before confirming property’s seizure or attachment (any) under section 17C of PC Act, 1988

(c) Also required to ensure for property’s safety + protection (both)

(viii) Abovementioned property’s attachment shall be deemed produced before Central govt. or State govt. (any) when ACB has notified his report + also placed it (both).

(ix) Aggrieved person is permitted to apply to Central govt. or State govt. when he is aggrieved with order made under section 17(C)(1) for granting permission to transfer or otherwise deal with property (any).

(x) Abovementioned Central govt. or State govt. is permitted to grant permission or refuse to grant permission (any) to aggrieved per-son.

78. For Appeal against order (Section 17D (1) + (2))

(i) Aggrieved person is permitted to prefer appeal to special judge at special court within 1 month from date of receipt of order passed by Central govt. or State govt. (any) under section 17C (3) + also 17C (5) both

(ii) Abovementioned court is permitted to confirm or to revoke or to pass other necessary order for property’s attachment or seizure (any) within 60 days from date of receipt of appeal.

(iii) Abovementioned court is permitted to pass order for property’s forfeitures when proper-ty’s attachment or seizure (any) made under section 17C beside public servant is not prosecuted by same court for offence committed under PC Act, 1988

79. For Competent court’s powers (Section 17D (3))

(i) Special court is to treated competent court to pass property’s attachment or seizure order (any).

(ii) (a) Abovementioned court is permitted for selling perishable property

(b) Also to apply net proceeds received from selling perishable property in accordance with Section 459 of CCP, 1973 (2 of 1974)

(iii) Abovementioned court is permitted to nominate govt.’s officer + also to specify terms and conditions (both) for performing administrator’s functions relating to attached property or seized property (any)

80. For Show Cause No-tice (SCN) (Section 17E)

(i) (a) Special court is not per-mitted to pass order under section 17D(2) of PC Act, 1988 against attached or seized property’s forfeitures without issuing SCN to aggrieved person

(b) Also to provide opportunity for making representation in writing within reasonable time specified in SCN

(c) Also to give reasonable opportunity of being heard to aggrieved person

(ii) Aggrieved person is permitted to establish that he has acquired attached or seized property through bona-fide mode without having knowledge that property was acquired by public servant through committing offence under PC Act, 1988

81. For Appeal to High court (Section 17F)

(i) Aggrieved person is permitted to file appeal to High court within 1 month from receipt of Special Court’s order under section 17D of PC Act, 1988

(ii) (a) High court is permitted to allow property’s return to aggrieved person when Special Court’s order passed under section 17D of PC Act, 1988 is modified or cancelled (any)

(b) Also permitted to allow to aggrieved person reasonable interest from date of property’s attachment or seizure (any) when property is forfeited (sold)

82. For Forfeiture versus punishment (Section 17G)

• Public servant is not permitted for avoiding from punishment beside forfeiture’s order has been passed under PC Act, 1988
• Abovementioned order is passed by notification no. S.O. 1123(E) dated (18-3-2020) of J&K Reorganization (Adaptation of Central Laws) Order, 2020

83. For Powers to inspect bankers’ books (Section 18)

(i) Investigating Officer (IO) is permitted to investigate bankers’ books when he has reasons to suspect for committing offence by public servant + also he considered necessary to inspect bankers’ books under section 17 of PC Act, 1988 (both)

(ii) Abovementioned officer is permitted to investigate public servant’s bankers books + also other persons’ banker books those are suspected for holding bank accounts on behalf of public servant (both).

(iii) Abovementioned officer is permitted to take certified copies for relevant entries + also documents from banks (both)

(iv) Bankers are required to assist abovementioned officer for exercising his powers available under section 18 of PC Act, 1988

(v) Abovementioned officer should not be below rank of Superintendent of Police (SP) except specifically authorized by above rank of SP

(vi) Bank + also bankers’ books (both) are defined under Bankers’ Books Evidence Act, 1891 (18 of 1891).

(H) Attachment and Forfeiture of Property (Chapter – IVA)

84. For Provisions of attach-ment (Section 18A)

(i) Provisions of certain other Acts + Ordinances (both) for attachments + administrations of attached property + execution of attachment orders or confiscation of money or property (all) are applicable against committing offence by public servants under PC Act, 1988 like:

(a) Provisions for attachments are applicable under Prevention of Money Laundering Act (PMLA) 2002 (15 of 2003)

(b) Provisions for attachments are applicable under Criminal Law Amendment Ordinance (CLAO) 1944 (Ord. 38 of 1944)

(ii) District judge under Criminal Law Amendment Ordinance, 1944 (Ord. 38 of 1944) shall be deemed special judge for special court under PC Act, 1988

(I) Sanction for prosecution + other miscellaneous provisions (Chapter – V)

85. For Approvals against prosecutions (Section 19)

(i) Special courts are not permitted to take cognizance against offence punishable under section 7 + 11+ 13 + also 15 of PC Act, 1988 (all) without prior approval from other public authority when public servant is employed other than Central or State govt. for committing offence as referred under Lokpal and Lokayukt Act, 2013

(ii) Also Special Courts are not permitted to take cognizance without prior approval from Central govt. when public servant is employed in Central

(iii) Also Special Courts are not permitted to take cognizance without prior approval from State govt. when public servant is employed in State

(iv) (a) ACB’s IO “only” is permitted to take prior approval from State govt. for taking cognizance against punishable offence by public servant under PC Act, 1988

(b) Hence other than ACB’s IO is not permitted to take prior approval from State govt.

(v) ACB’s IO is not permitted to take prior approval from State govt. like:

(a) When he has already filed complaint in special court for alleged offence where public servant is likely to be prosecuted

(b) When court has not already dismissed complaint filed under section 203 of CCP, 1973 + also already directed complainant to take approval (both) for prosecuting public servant

(vi) Central govt. or state govt. or other public au-thority (any) is not permitted to give approval when request for approval is received from ACB’s IO for prosecuting public servant without giving opportunity of be-ing heard to him

(vii) Central govt. or state govt. or other public authority (any) is required to give approval within maximum 3 months from date of receipt of request for approval

(viii) (a) Central govt. or state govt. or other public authority (any) is required to take legal consultation when considered necessary after recording reasons in writing

(b) Abovementioned is permitted to take 1 additional month for giving approval when legal consultation is already requested.

(c) Hence abovementioned is required to give approval within maximum 4 (3+1) months

(ix) Central govt. is permitted to prescribe guidelines as considered necessary for giving approval.

86. For Public servant (Section 19(1))

• Public servant is to include certain persons like:

(i) Person who has ceased to hold present office after offence was committed

(ii) Person who has ceased to hold other than present office after offence was committed

87. For Prosecution’s approval (Section 19(2))

(i) Central govt. or State govt. or other public authority (any) is empowered to provide approval under section 19(1) of PC Act, 1988 for initiating prosecution proceedings against public servant when same has power to remove public servant from his office at the time of committing offence by him.

(ii) Hence Central govt. or State govt. or other public authority (any) is not permitted to provide approval when same has not power to remove public servant.

88. For Special court’s powers (Section 19(3))

(i) Appellate authority is not permit-ted to reverse or alter finding or sentence or order (any) passed by special court except appellate authority has opinion that special court has failed in providing justice

(ii) Special court is not permitted to stay proceedings under PC Act, 1988 based on error or omission or irregularity (any) for allow-ing approval by Central govt. or State govt. or other public authority (any)

(iii) Special court is not permitted to stay proceedings under PC Act, 1988 based on other grounds + also revisions (both) when interim order is passed after inquiry or trial or appeal or other proceedings (any)

89. For Undue advantage’s presumption (Section 20)

(i) Undue advantage is “always” presumed except contrary proved that public servant has accepted or obtained or attempted to obtain undue ad-vantage (any) being motive or reward for performing public duty or performing public duty improperly or dishonestly by himself or through other public servants (any) under section 7 PC Act, 1988.

(ii) Abovementioned undue advantage should be obtained without consideration or with inadequate consideration (any) under section 11 of PC Act, 1988.

(iii) Abovementioned presumption should be applied during trial for offence punishable under section 7 or section 11 (any) under PC Act, 1988.

90. For Defense’s witness (Section 21)

(i) Public servant is permitted to give evidence on oath to disproof for charges made against him except in certain circumstances like:

(a) He shall not be treated as witness except on his own request

(b) He is permitted for not giving evidence

(c) Hence prosecutor is not permitted to comment or to presume against public servant when he has not given evidence during trial

(d) He is not required to answer any question for offence other than he is already charged

(ii) Public servant is permitted to give evidence to demonstrate that is not guilty

(iii) Public servant is permitted to establish his good character against defence for offence during prosecution’s trial

91. For CCP, 1973’s application (Section 22)

• Certain provisions of CCP, 1973 (2 of 1974) are applicable during proceedings against offences punishable under PC Act, 1973 like:

(i) Provisions of section 243(1) under CCP, 1973 are applicable against offences punishable under PC Act, 1988 when public servant is required to give in writing within specified time allowed by special court like:

(a) List of persons (if any) to whom he is proposing to examine as his Witness

(b) List of documents (if any) on which he is proposing to rely as his support

(ii) Provisions of section 309(2) under CCP, 1973 (2 of 1974) are applicable against offences punishable under PC Act, 1988 that proceedings shall not be adjourned or postponed based on application by any party during proceedings under section 397 of CCP, 1973 (2 of 1974)

(iii) Provisions of section 317(2) under CCP, 1973 (2 of 1974) are applicable against offences punishable under PC Act, 1988 that special judge of special court is permitted to proceed with inquiry or trial in absence of accused or his pleader + also to record evidence of any witness subject to right of accused to recall witness for cross–examination when he has considered necessary with reasons in writing

(iv) Provisions of section 397(1) under CCP, 1973 (2 of 1974) are applicable against offences punishable under PC Act, 1988 that special judge of special court is not permitted for calling proceeding’s records when application is made by party of proceedings during trial in certain circumstances like:

(a) Special judge is not permitted without giving opportunity to other party + also to give reasons for calling records (both)

(b) Special judge is permitted to carry trial proceedings based on certified copies when he is satisfied.

92. For Charges’ particu-lars (Section 23)

• Special judge of special court is required to maintain certain particulars against charges punishable under sec-tion 13(1)(a) of PC Act, 1988 like:

(i) Particulars for property involved in committing offence by public servant

(ii) Particulars for starting date involved in committing offence by public servant

(iii) Particulars for charges framed in com-mitting offence by public servant as referred in section 219 of CCP Act, 1973 (2 of 1974)

• Abovementioned timeline should not be exceeded 1 year.

93. For Bribe giver’s state-ment (Section 24)

• Now provisions under section 24 are omitted through Prevention of Corruption (Amendment) Act, 2018 (16 of 2018) dated July 26, 2018 relating to bribe giver’s statement is not 100% (wholly) important for public servant’s prosecution against offence committed under PC Act, 1988.

94. For Applicability to Military (Section 25)

(i) Provisions of PC Act, 1988 are not applicable to Military + also etc. (both) like:

(a) To all courts + also all authorities (both) under Army Act, 1950 (45 of 1950)

(b) To all courts + also all authorities (both) under Air Force Act, 1950 (46 of 1950)

(c) To all courts + also all authorities (both) under Navy Act, 1957 (62 of 1957)

(d) To all courts + also all authorities (both) under Border Security Force (BSF) Act, 1968 (47 of 1968)

(e) To all courts + also authorities (both) under Coast Guard Act, 1978 (30 of 1978)

(f) To all courts + also all authorities (both) under National Security Guard (NSG) Act, 1986 (47 of 1986)

(ii) In view of above special judge of special court shall be deemed court for ordinary criminal jus-tice

95. For Special judge’s appointment (Section 26)

(i) 100% special judges already appointment under section 46 of Criminal Law Amendment (CLA) Act, 1952 shall be deemed special judge for special court appointed under section 3 of PC Act, 1988

(ii) 100% pending proceedings before commencement shall be continued in accordance with provisions of PC Act, 1988

96. For Appeals + revisions (Section 27)

• States’ High Courts are permitted for exercising powers against appeals + also revisions (both) under PC Act, 1988 in accordance with CCP, 1973 (2 of 1974)

97. For Applicability to other acts (Section 28)

(i) Provisions of PC Act, 1988 are applicable in addition to other Indian acts

(ii) Public servant is liable for provisions of PC Act, 1988 + also provisions of other Indian acts whenever applicable (both)

(iii) Hence public servant is not exempted from provisions of other Indian acts whenever applicable beside provisions of PC Act, 1988 are exclusively applicable on him

98. For Criminal Law Amendment Ordinance, 1944 (Section 29)

(i) Words State govt. have been substituted with State govt. or Central govt. as case may be under section 3(1)(a) + 9(1) + 10(a) + 11(1) + also 13(1) all

(ii) Words 3 months have been substituted with 1 year under section 10(a)

(iii) Paragraph 1 in schedule has been omit-ted

(iv) (a) Words local authority have been substituted with corporation established by or under Central Act or Provincial Act or State Act or authority or body owned or controlled or aided by govt. or by govt. company as defined under section 2(45) of Companies Act (CA) 2013

(b) Words or authority have been substituted with corporation or body or govt. company or society.

(v) Words offence punishable under Prevention of Corruption Act, 1988 have been substituted under paragraph 4A of schedule

(vi) Words and figures items 2, 3 and 4 have been substituted words, figures and letter items 2, 3, 4 and 4A

99. For Power to make rules (Section 29A)

(i) Central govt. is empowered to make rules for carrying provisions of PC Act, 1988 through notification in Official Gazette

(ii) Abovementioned rules shall be made without prejudice to generality of foregoing power for certain matters like:

(a) Guidelines for commercial organizations under section 9 of PC Act, 1988

(b) Guidelines for prosecution’s sanctions under section 19(1) of PC Act, 1988

(c) Guidelines for other matters as may be required or prescribed (any).

(iii) 100% rules made under PC Act, 1988 are to be laid before both House of Parliament for 30 days

100. For Repeal + Saving (Section 30)

(i) PC Act, 1988 + also CLA Act, 1952 (both) are hereby repealed

(ii) Abovementioned repeal + also saving (both) are to be repealed without prejudice to application of section 6 of General Clause Act, 1897 (10 of 1897)

(iii) Abovementioned repeal + also saving (both) are not to be inconsistent with provisions of PC Act, 1988

101. For Omitted certain provisions of Act 45 of 1860 (Section 31)

• Omitted on September 03, 2001

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(Author can be reached at email address satishagarwal307@yahoo.com or on Mobile No. 9811081957)

Disclaimer: The contents of this article are solely for informational purpose. Neither this article nor the information as contained herein constitutes a contract or will form the basis of a contract. The material contained in this article does not constitute or substitute professional advice that may be required before acting on any matter. While every care has been taken in the preparation of this article to ensure its accuracy at the time of publication. Satish Agarwal assumes no responsibility for any error which despite all precautions may be found herein. We shall not be liable for direct, indirect or consequential damages if any arising out of or in any way connected with the use of this article or the information as contained herein.