Question Bank on Prevention of Corruption ACT 1988

Here’s a judicial-exam–oriented question bank on the , framed exactly the way Civil Judge / PCS-J / APO / HJS exams tend to test—conceptual, section-wise, and case-law driven.

I. Multiple Choice Questions (MCQs)

1. The Prevention of Corruption Act, 1988 came into force on:
   (a) 15 August 1988
   (b) 26 January 1988
   (c) 9 September 1988
   (d) 2 October 1988
2. “Public servant” under the Act is defined in which section?
   (a) Section 2(a)
   (b) Section 2(b)
   (c) Section 2(c)
   (d) Section 2(d)
3. After the 2018 Amendment, which section defines the offence of bribery by a public servant?
   (a) Section 7
   (b) Section 8
   (c) Section 9
   (d) Section 13
4. Which authority is competent to grant sanction for prosecution of a public servant employed with the Union Government?
   (a) Lokpal
   (b) Central Vigilance Commission
   (c) Central Government
   (d) Supreme Court
5. The minimum punishment prescribed under Section 7 (after amendment) is:
   (a) 6 months
   (b) 1 year
   (c) 2 years
   (d) 3 years

II. Short Answer Questions (10–50 words)

1. Define “undue advantage” under the Prevention of Corruption Act.
2. What is meant by “gratification” under the Act?
3. Who can be considered a “public servant” under Section 2(c)?
4. What is the object of the Prevention of Corruption Act, 1988?
5. What is the significance of sanction under Section 19?

III. Short Notes (100–150 words)

1. Difference between illegal gratification and undue advantage
2. Scope and importance of Section 19 – Sanction for prosecution
3. Presumption under Section 20
4. Role of trap proceedings in corruption cases
5. Effect of delay in granting sanction

IV. Long Answer / Descriptive Questions

1. Explain the offence of bribery by a public servant under Section 7 after the 2018 amendment.
2. Discuss the concept of criminal misconduct under Section 13 and how it differs from the pre-amendment position.
3. Elaborate the procedure and necessity of previous sanction for prosecution under the Act.
4. Examine the burden of proof and statutory presumption under Section 20.
5. Discuss the constitutional validity of the Prevention of Corruption Act with reference to judicial pronouncements.

V. Case Law–Based Questions (Judicial Favourite)

1. What principles regarding sanction were laid down in Subramanian Swamy v. Manmohan Singh?
2. Whether mere recovery of money is sufficient to convict under the Act? Discuss with case law.
3. Explain how courts interpret “demand of bribe” with reference to Supreme Court judgments.
4. Can a defective sanction vitiate the entire trial?
5. Discuss the evidentiary value of trap witnesses.

VI. Problem / Hypothetical Questions

1. A public servant accepts money claiming it to be a loan. Can he be convicted under the Act?
2. A sanction order is granted after filing of charge-sheet. Is the trial vitiated?
3. Demand of bribe is proved but recovery fails. Decide.
4. Bribe is paid under compulsion. Will the bribe-giver be liable?
5. A private individual induces a public servant to accept bribe. What offence is made out?

VII. Important Sections to Revise for Judiciary

• Section 2 – Definitions
• Section 7 – Offence of bribery
• Section 8 – Bribery by a person
• Section 9 – Bribery by commercial organization
• Section 13 – Criminal misconduct
• Section 19 – Sanction for prosecution
• Section 20 – Presumption
• Section 22 – Trial by Special Judge