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Thursday, December 16, 2010

Anti-Corruption Act Full & abridged versions

Prevention of Corruption Act in two versions -- Full and abridged (simplified)


SIMPLIFIED & ABRIDGED Prevention of Corruption Act 1988:

Originally 6045 words, we reduced it to 3,324 words, and made sentences short and easy.

Please note:

1) It gives a wide scope to the concept of “public servant”. The term includes judges, arbitrators, election officials, employees of public corporations, selection committee members and anybody in the “service and pay of local authority”, office bearers of cooperative societies of various kinds, and recipients of government funding. It is applicable to Information Commissioners and other quasi-judicial authorities.

2) As PCA 1988 includes judges and judge-like authorities, it seems to nullify some of the wide protection to judges under Judges Protection Act 1985.

3) It also gives wide interpretation to “gratification other than legal remuneration” and “criminal misconduct”. Thus, it is not necessary to prove that a public servant actually sought a bribe in cash, or was actually given. It is enough to show that undue favour or disfavor (or undue service or disservice) were given or sought to be given.

4) It spreads the net wide by including abetment of the offences and conspiracy, and thereby includes private parties such as touts and dalals, besides superiors, colleagues and others who assist indirectly and collude in the corrupt practices.

5) It has provisions for granting immunity from prosecution to bribe-givers or bribe-takers who turn into whistle-blowers and assist in the prosecution.

6) It provides for a summary trial, and restricts the scope for appeals before higher courts.

7) Offences under this Act will be tried by a Special Judge with special powers to attach the offender’s properties etc.

8) It mandates hearings on a daily basis.

Limitation of PCA 1988: After FIR is registered and after the police investigation is complete, the prosecuting authority ie. Anti Corruption Bureau must seek approval from the State or Central Government, or from competent authority, to prosecute the corrupt official. According to ACB Maharashtra website, this approval requires three months.

Vinita, please study Chapter III, which consists of the various offenses. These are the sections to be used in making our an FIR.


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