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Offences and Punishments Under The Prevention of Corruption Act, 1988

Offences and Punishments Under The Prevention of Corruption Act, 1988

Sections Offence Description Punishment
7 Public Servant Being Bribed:
  1. Seeking undue advantage improperly
  2. Receiving undue advantage for dishonest job performance
  3. Performing job improperly due to received undue advantage
Imprisonment:3 to 7 years& Fine
7(a) Taking Undue Advantage to Influence Public Servant:
Obtaining undue advantage to influence a public servant improperly Using corrupt or illegal means or personal influence
Imprisonment:3 to 7 years & Fine
8 Bribing a Public Servant:
Giving undue advantage to induce improper job performance or rewarding dishonest performance
Exceptions:
  1. Person Forced to give Such undue advantage
  2. Reporting incident to authorities within 7 days
  3. Commercial organisation shall be fined.
Imprisonment: Upto 7 years & Fine
9 Bribing a public servant by a commercial organisation
Fine Only
10 Person in charge of commercial organisation to be guilty of offence u/sec 9 :
For Example- Director, manager, secretary or other officer
Imprisonment:3 to 7 years & Fine
11 Public servant obtaining undue advantage without consideration:
Public servant unfairly benefits without good reason or for too little in return
Imprisonment:6 months to 5 years & Fine
12 Punishment for abetment of offences:
Encouraging or assisting another person in committing an offense
Imprisonment:3 to 7 years & Fine
13 Criminal misconduct by a public servant:
  1. Misappropriation or improper conversion of entrusted property
  2. Improper enrichment while in office
Imprisonment:4 to 10 years & Fine
14 Punishment for habitual offender:
Subsequentl offence after prior conviction under this Act
Imprisonment:5 to 10 years & Fine
15 Punishment for Attempt:
Attempting to commit offenses described in Section 13(1)(a)
Imprisonment:2 to 5 years & Fine
16 Matters to be taken into consideration for fixing fine: Court considers value of property or unexplained wealth


Written By: Harshavardhan Prakash Deshmukh
, 4th Year Of B.A.LL.B. - Modern Law College, Pune
https://www.instagram.com/bhaiyatalks/, https://www.instagram.com/dabangglawyer/

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