Below are exam-ready, structured notes covering all the questions listed earlier, written specifically for Judicial Service (Prelims + Mains) preparation.
Language is precise, authoritative, and answer-oriented, the way examiners expect.
1. Object and Scope of the Act
The Prevention of Corruption Act, 1988 (PC Act) was enacted to consolidate and amend laws relating to prevention of corruption among public servants and to ensure speedy trial through Special Judges.
Objectives:
- To curb bribery and corruption in public offices
- To strengthen earlier anti-corruption laws
- To widen the definition of public servant
- To ensure deterrent punishment
๐ The Act was substantially amended in 2018 to align with the UNCAC (UN Convention Against Corruption).
2. Definition of โPublic Servantโ โ Section 2(c)
The definition is very wide and inclusive.
Includes:
- Government servants (Central & State)
- Judges and court officials
- Employees of government-controlled corporations
- University teachers
- Bank officials (PSU banks)
- Persons authorized to perform public duty
๐ Judicial View:
Courts interpret this definition liberally to prevent corruption escaping on technical grounds.
3. โUndue Advantageโ and โGratificationโ
Undue Advantage:
- Any gratification other than legal remuneration
- Can be monetary or non-monetary
- Includes future benefits
Gratification:
- Not restricted to money
- Includes services, favours, concessions
๐ After the 2018 Amendment, the term โundue advantageโ replaced โgratificationโ to widen scope.
4. Section 7 โ Bribery by Public Servant (Post-2018)
Essential Ingredients:
- Accused must be a public servant
- Demand of undue advantage
- Acceptance or attempt to obtain
- For performance or non-performance of public duty
Punishment:
- Minimum: 3 years
- Maximum: 7 years + fine
๐ Key Exam Rule:
Mere recovery of money is not sufficient without proof of demand.
5. Section 8 โ Bribery by a Person
- Covers bribe-giver
- Exception: If bribe was given under compulsion, person must report it within 7 days
๐ This encourages whistleblowing and protects victims.
6. Section 9 โ Bribery by Commercial Organizations
- Applies to companies
- If any person associated with company gives bribe โ company liable
- Defence: Adequate procedures to prevent bribery
7. Section 13 โ Criminal Misconduct (After Amendment)
Earlier: Possession of disproportionate assets was included
Now: Narrowed and precise
Covers:
- Habitual bribery
- Dishonest or fraudulent misappropriation
- Abuse of position to obtain undue advantage
๐ Important Change:
โMere possession of disproportionate assetsโ is removed; prosecution must show intent.
8. Section 19 โ Sanction for Prosecution
Meaning:
Prior approval required before prosecuting a public servant.
Authority:
- Central Govt โ Central employees
- State Govt โ State employees
- Competent authority โ others
Purpose:
- To protect honest officers
- To prevent frivolous prosecution
๐ Key Principle:
Defective sanction does not automatically vitiate trial unless failure of justice is shown.
9. Delay or Defect in Sanction
- Delay alone โ invalid sanction
- Court examines prejudice caused to accused
- Sanction granted after charge-sheet โ irregular, not illegal
๐ Sanction is a procedural safeguard, not a shield for corruption.
10. Section 20 โ Presumption
Presumption:
If acceptance of undue advantage is proved โ court presumes it was taken as bribe.
Burden:
- Shifts to accused
- Accused must rebut on preponderance of probability, not beyond reasonable doubt
๐ Applies mainly to Section 7 cases
11. Trap Proceedings
Meaning:
A planned operation where accused is caught accepting bribe.
Evidentiary Value:
- Trap witnesses are interested but not unreliable
- Demand must be proved independently
๐ Phenolphthalein test alone is not conclusive.
12. Demand, Acceptance, and Recovery (Golden Rule)
To secure conviction:
- Demand of bribe
- Acceptance
- Recovery
โ Absence of demand โ prosecution fails
โ Demand can be proved through:
- Oral evidence
- Circumstantial evidence
- Electronic evidence
13. Mere Recovery โ Is it Sufficient?
โ No.
Courts consistently hold:
Recovery without proof of demand is insufficient.
Reason:
- Money could be thrust, loan, or planted.
14. Bribe Given as Loan โ Liability?
- If defence of loan is plausible and probable, accused may be acquitted
- Burden lies on accused to explain circumstances
15. Bribe Paid Under Compulsion
- Bribe-giver is not guilty if:
- Paid under coercion
- Reports to authority within prescribed time
16. Private Person Inducing Bribe
- Liable under Section 8
- Abetment provisions apply
17. Special Judge โ Section 22
- Trial conducted by Special Judge
- Can take cognizance without committal
- Powers of Sessions Judge
18. Constitutional Validity
The Act has been upheld as:
- Reasonable restriction
- In public interest
- Not violative of Articles 14 or 21
Judiciary Answer Writing Tips
- Always mention section number
- Use phrases like:
- โIt is well-settled lawโฆโ
- โThe Supreme Court has consistently heldโฆโ
- Emphasize demand in every answer
- Quote presumption + rebuttal standard