THE PREVENTION OF CORRUPTION ACT, 1988

ACT NO. 49 OF 1988 · Enacted [9th September, 1988.] · 35 sections

PRELIMINARY

Section 1.Short title and extent.

Section 2.Definitions.

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.

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.

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.

Section 18.Power to inspect bankers’ books.

ATTACHMENT AND FORFEITURE OF PROPERTY

Section 18A.Provisions of Criminal Law Amendment Ordinance, 1944 to apply to attachment under this Act.

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.]