1742 December 02 2021

Prevention of Corruption Act: From Chai-Paani to Jail Time

The Prevention of Corruption Act is one of the main laws in India made to control bribery and misuse of public office. In simple words, it deals with corruption, which unfortunately in our country is as common as a Bollywood remake. The law begins by explaining who is a public servant. A public servant is anyone who performs a public duty and gets paid from taxpayer money. This includes university professors, lecturers, teachers, Vice-Chancellors, and even employees of co-operative societies that receive financial help from the government. However, just because someone deals with the government does not make them a public servant. For example, a contractor working on commission for a government project is not automatically covered.
The next important concept is undue advantage, which is just a fancy legal way of saying “bribe.” It means any gift, favor, or benefit that is not allowed by law or contract. If a professor says, “Pay me ten thousand rupees and I will make sure your marks look good,” that is undue advantage. Imagine Singham catching a corrupt officer asking for “chai-paani” — that is exactly what the Act is talking about.

Cases under this Act are not handled by ordinary magistrates but by Special Judges appointed by the government. These judges must already be Sessions Judges or equivalent. Trials are supposed to finish within two years, though they can stretch up to four years if the judge records reasons for delay. Of course, in true Bollywood style, deadlines in courts are often treated like background music — nice to hear, but rarely followed.

The most important part of the law is Section 7, which says that if a public servant accepts, demands, or even attempts to get a bribe to misuse his position, he can be punished with three to seven years in jail and also a fine. Even demanding a bribe, without actually doing the act for which it was demanded, is enough for punishment. But just finding money with an official is not enough. It must be proven beyond reasonable doubt that the official willingly accepted the money as a bribe. Think of Lage Raho Munna Bhai, where honesty is shown as a choice — if the accused can prove the money was something else, the case collapses.

Interestingly, the Act also punishes the bribe giver under Section 8. If you give or promise to give money to make a public servant act dishonestly, you can also be jailed for up to seven years. However, if you were forced to give the bribe, you can escape punishment if you report the incident to the police within seven days. For example, if a municipal officer threatens to block your file until you pay, and you complain within a week, the law protects you. Similarly, Section 9 says that even companies can be punished if they bribe officials to get contracts or business benefits. In such cases, the punishment is a fine, and the Act does not limit how high the fine can be.

The 2018 amendment brought two big changes. First, Section 17A now says that the police cannot investigate a public servant without approval from the right authority, unless the official is caught red-handed. Earlier, this protection was given only to senior officers, but now it covers everyone, which helps protect honest officials. Second, Section 18A allows special courts to confiscate property gained through corruption, ensuring that corrupt people do not enjoy their ill-gotten wealth.

To understand better, imagine a few scenes. A college principal demanding money for admission is corruption under Section 7. If a municipal officer forces you to pay but you complain within seven days, you are safe under Section 8. A company bribing officers for a contract is punished under Section 9. If police find cash with a clerk but cannot prove it was taken as a bribe, the clerk is not guilty. And if an income-tax officer is caught on video taking money, the police can start investigation immediately under Section 17A.

One of the most famous cases under this law was the 2G Spectrum case, where big politicians like A. Raja and Kanimozhi were accused. However, the Special Court acquitted them, saying there was not enough proof. This shows how, in corruption cases, proving guilt beyond reasonable doubt is often the biggest challenge.

In short, the Prevention of Corruption Act tries to keep public servants honest and punish both bribe takers and givers. But like every good Bollywood film, the law needs a strong hero to succeed — and in this story, the hero is always proof. Without proof, even the strongest law becomes like a Salman Khan movie without action: loud, dramatic, but ending with no real result.

NOTE:OPEN SPEECH, OPEN SOCIETY.

Author

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Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District Courts
LL.B.▪︎Faculty of Law▪︎Delhi University


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