The Prevention of Corruption Act, 1988 (Act No. 49 of 1988) consolidates and amends the law relating to the prevention of corruption among public servants in India. It provides for the appointment of Special Judges, defines offences relating to bribery by and of public servants and by commercial organisations, criminal misconduct and habitual offending, investigation safeguards including prior approval for probing official decisions, attachment and forfeiture of corruptly acquired property, and the sanction required before prosecuting a public servant. The Act repealed and consolidated the Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952, and was substantially rewritten by the Prevention of Corruption (Amendment) Act, 2018, which recast the bribery offences around “undue advantage,” created a distinct offence of bribing a public servant, introduced corporate liability for commercial organisations, and required prior approval before investigating a public servant’s official decisions.
CHAPTER I — PRELIMINARY
CHAPTER II — APPOINTMENT OF SPECIAL JUDGES
- Section 3 — Power to appoint special Judges
- Section 4 — Cases triable by special Judges
- Section 5 — Procedure and powers of special Judge
- Section 6 — Power to try summarily
CHAPTER III — OFFENCES AND PENALTIES
- Section 7 — Offence relating to public servant being bribed
- Section 7A — Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence
- Section 8 — Offence relating to bribing of a public servant
- Section 9 — Offence relating to bribing a public servant by a commercial organisation
- Section 10 — Person in charge of commercial organisation to be guilty of offence
- Section 11 — Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant
- Section 12 — Punishment for abetment of offences
- Section 13 — Criminal misconduct by a public servant
- Section 14 — Punishment for habitual offender
- Section 15 — Punishment for attempt
- Section 16 — Matters to be taken into consideration for fixing fine
CHAPTER IV — INVESTIGATION INTO CASES UNDER THE ACT
- Section 17 — Persons authorised to investigate
- Section 17A — Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties
- Sections 17B–17G — State Amendment (J&K & Ladakh): Anti-Corruption Bureau and attachment of property
- Section 18 — Power to inspect bankers’ books
CHAPTER IVA — ATTACHMENT AND FORFEITURE OF PROPERTY
CHAPTER V — SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONS
- Section 19 — Previous sanction necessary for prosecution
- Section 20 — Presumption where public servant accepts any undue advantage
- Section 21 — Accused person to be a competent witness
- Section 22 — The Code of Criminal Procedure, 1973 to apply subject to certain modifications
- Section 23 — Particulars in a charge in relation to an offence under section 13(1)(a)
- Section 24 — [Omitted]
- Section 25 — Military, Naval and Air Force or other law not to be affected
- Section 26 — Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act
- Section 27 — Appeal and revision
- Section 28 — Act to be in addition to any other law
- Section 29 — Amendment of the Ordinance 38 of 1944
- Section 29A — Power to make rules
- Section 30 — Repeal and saving
- Section 31 — [Repealed]
Note: The Prevention of Corruption Act, 1988 (Act No. 49 of 1988) received the assent of the President and came into force on 9 September 1988, repealing the Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952. It was amended by the Lokpal and Lokayuktas Act, 2013 (1 of 2014), with effect from 16 January 2014, enhancing certain punishments and linking the sanction process to the Lokpal framework. It was substantially rewritten by the Prevention of Corruption (Amendment) Act, 2018 (16 of 2018), with effect from 26 July 2018, which recast sections 7 to 10 around the concept of “undue advantage,” inserted new sections 7A, 9, 17A, 18A, 29A and Chapter IVA, and required prior governmental approval before investigating a public servant’s official decisions. Sections 17B to 17G were inserted as a State Amendment for the Union Territories of Jammu and Kashmir and Ladakh, vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020.
