CriminalAct No. 49 of 1988In Force

The Prevention of Corruption Act, 1988

Provides for the prevention of corruption among public servants and public sector enterprises. The 2018 amendment introduced criminal liability for bribe givers (not merely takers) as well as commercial organisations, aligned India with UNCAC and FCPA principles, and added a prior sanction requirement for investigation of serving and retired public servants by CBI/ACB.

Sections

Ministry

Ministry of Personnel, Public Grievances and Pensions

Last Amended

2018-07-26

Key Provisions

→Offences of bribery — public servant obtaining undue advantage (S.7)

→Criminal liability of bribe givers — imprisonment up to 7 years (S.8)

→Criminal misconduct by public servant — disproportionate assets (S.13)

→Liability of commercial organisations for offences by associated persons (S.9)

→Prior sanction for prosecution of public servants (S.19)

→Special Judges: exclusive jurisdiction for PCA offences

→Presumption of guilt: if public servant accepts gratification (S.20)

→Penalties: minimum 3 years to maximum 7 years imprisonment

Related Practice Areas

criminal-defence regulatory-compliance

corruptionbriberypublic servantdisproportionate assetsCBIanti-corruptionPCA

Section-by-Section Reference

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Indian government legislation is in the public domain under S.52(1)(q) of the Copyright Act, 1957. This reference is for educational purposes. Laws are amended frequently — verify the current text on the e-Gazette of India before relying on it for legal proceedings.