"If we cannot make India corruption-free, then the vision of making the nation develop by 2020 would remain as a dream." - Dr. A.P.J.Abdul Kalam
INTRODUCTION
Corruption is a worldwide phenomenon.THE Corruption is a dishonest act.It is not only confined politicians or Goverment machinery alone but also it is prevalent in every section of Indian society.The Prevention of Corruption of Act, 1988 is an important legislation to fight with evil of corruption. It is an effective instrument to curb this evil.
Corruption is a criminal offence, and there is a Act promulgated as 'Prevention of Corruption Act, 1988'. And this act is if a public servant accepts money or gifts over and above their salary, in return for favouring a person in their official capacity is punishable under this Act.The person helping the Public Servant to commit these crimes is also punishable under this Act.This Act is silent on the corruption not being a Public servant.The Prevention of Corruption Act, 1988 is a law enacted by the Indian Parliament to prevent and fight corruption by public servants.
OFFENCES AND PENALTIES UNDER THE ACT
The offences and penalties under this Act are as detailed below,
|
SECTION |
OFFENCES |
PUNISHMENT shall be punishable with imprisonment for a term which shall be not less than .... months but which may extend to ......years and shall also be liable to fine |
|
SEC-7 |
Taking gratification other than legal remuneration in respect of an official act, and if the public servant is found guilty. |
six month to five years |
|
SEC-8 |
Taking gratification in order to influence public servant, by corrupt or illegal means. |
six month to five years |
|
SEC-9 |
Taking gratification, for exercise of personal influence with public servant. |
six month to five years |
|
SEC-10 |
Abetment by public servant of offences defined in Section 8 or 9 under this Act. |
six month to five years |
|
SEC-11 |
Public servant obtaining valuable thing without consideration from person concerned in proceeding or business transacted by such public servant. |
six month to five years. |
|
SEC-12 |
Punishment for abetment of offences defined in Section 7 or 11 under this Act. |
six month to five years |
|
SEC-13 |
Any public servant, who commits criminal misconduct. |
one year to seven years |
|
SEC-14 |
Habitual committing of offence under Section 8, 9 and 12 under this Act |
two years to seven years |
|
Sec-15 |
Punishment for attempt Whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) of section 13. |
shall be punishable with imprisonment for a term which may extend to three years and with fine |
Sec-16. Matters to be taken into consideration for fixing fine
Where a sentence of fine is imposed, the court while fixing the amount for the same shall consider the amount or the value of the property which the accused has obtained by committing the offence or where the conviction is for an offence referred to in sec. 13(1)(e) under this Act, the pecuniary resource or property for which the accused is unable to account satisfactorily.
CRIMINAL MISCONDUCT
The Prevention of Corruption Act of 1947 created a new offence called Criminal
Misconduct in the discharge of official duty. Section 13 of the said Act defined the various categories of Criminal Misconduct by Public Servants.
A public servant is said to commit the offence of criminal misconduct if he by corrupt or illegal means or by otherwise abusing his position as a Public Servant, obtains for himself or for any other person any valuable thing or pecuniary advantage.
'A Public Servant is said to commit the offence of criminal misconduct-
if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or
if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or
if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or
(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage, or
(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage, or
(iii)While holding office as a public servant obtains for any person any valuable thing or pecuniary advantage without any public interest'.
(e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.
The question whether misconduct should be in discharge of official duty was considered by the Supreme Court in Dhaneswar Narain Saxena Vs. Delhi Administration (AIR 1962 Supreme Court 195). In that case, the Accused was an upper division clerk in the office of the Chief Commissioner of Delhi who took money from one Ram Narain for rendering assistance to him in obtaining a licence for his double barrel gun from the office of the Deputy Commissioner, Delhi. The Supreme Court held that it is not necessary that the public servant while misconducting himself, should have done so in the discharge of his duty. It would be anomalous to say that a public servant has misconducted himself in the discharge of his duty, because 'duty' and 'misconduct' go ill together and it would not ordinarily be in the discharge of his duty, but the reverse of it.
Offence under the Act triable by special judge
According to sec-4 of the act
Any offence punishable under this Act.
Any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified under this Act.
Shall be tried by the special Judge for the area within which it was committed,
or, as the case may be, by the special Judge appointed for the case, or where there are more special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government.
According to sec-3 of the Act
The Central and the State Government is empowered to appoint Special Judges 'who should be or should have been a 'Session Judge or an Additional Session Judge or Assistant Session Judge under the Code of Criminal Procedure, 1973' by placing a Notification in the Official Gazette, to try the following offences:
- Any offence punishable under this Act.
- Any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified under this Act
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After Domestic Violence Act, Prevention of Corruption Act is most misused act. I myself is a victim of misuse of "Prevention of Corruption Act". I attended one of most reputed institutes of India (IIT Roorkee) and preferred to serve India rather than going abroad, without knowing that one day I had to suffer because of misuse of "Prevention of Corruption Act" in my own country. My photos appeared on front page of all famous dailies and made headlines of News channels. If I search for my name on google, only information pertaining to this false case appears. Even though leading an honest life till date, I suffered. In public eyes I am a criminal. A person who should have been jail is enjoying all luxuries of life, because he had law buying power. Did we dream of this India???? It is very easy for an Investigating officer to put criminal tag on anyone for few bucks. But at the end, no one gains, but it is only an innocent who suffers because of nothing. After spending years in court, even if he gets justice, it doesn't add any value to my life, because I have already suffered. And Justice delayed is justice denied. Was my honesty my biggest crime ?? Where are my fundamental rights ??? Had I left India to serve US or any other country I would have been leading a much better life and people would have called it "Brain-Drain". Its already more than 7 years and case is still at trial stage. Dear Friends, this is an example of unfortunate incident due to carelessness and lack of competency of the authority/ person concerned. Thats why our justice known as "aandha kanoon". Media wont show these messages as they don’t sell. Media is busy posting reports where media's father raped media's sister...shame on this media all dirty people they sell flesh reports where as they don’t speak anything about a man being falsely accused. The media goes berserk while reporting crime. They destroy reputations in a few seconds by some juvenile reporters who do not know the difference between evidence and hearsay. They vitiate the atmosphere with shrill and malicious coverage that condemns the accused before trial. They cast aspersions on every one, except themselves. Otherwise the media ought to have published this part too. Well media is too busy with other interesting news. They don't wan't to take any moral responsibility. They just wan't to finish their targets. They are not social workers. They have their daily targets which they have to complete. What happens to the story later they don't have time for that. So no surprise here that his acquittal has not been publicized. He has to pay some money to these editors only then his story will be shown. It is still the norm of Indian media to lap up everything doled out by the police as the unadulterated truth. To keep the show going, the 24X7 news channels by their incessant reporting and repetition of the same, and the discussion and debates contribute to magnifying an event grotesquely out of shape. These are nothing but trial by media creating an impression, very often a distorted one, in the minds of the people far removed from the real thing. Media is yet to become responsible in this country. There should be a complete ban on media interference in such type of sensitive cases untill final verdict of the court. The laws are being rampantly misused destroying the life of innocents. Media makes the life of such person more miserable. Media & society is interested when any person is accused or arrested. nor public nor media is interested when person proved his innocence And what about the punishment to the police officials and the media which published news without any verification? It should be mandatory that no media should publish any news of any case until entire trial is over (till Supreme court). The police has immunity in such a case and the party which implicates the person is not charged for wrongly implicating a innocent person. In case the person is physically impaired then issue becomes more complicated. Our society is not yet matured to address such incidents and unfortunately media also sells news and such news has no sensation and hence will not be given much weight. It is a relevant issue and we all have to find solution for it. Some sort of accountability is called for from our law enforcing agencies who can keep innocents behind bars for so long. Surely, the police would have known if he is involved or not at a much earlier time but they also drag the case for so long. While mistake happens but correction and intent to correct is also very important. It is very important in this case to make some police officers accountable..... All over the world the cases are decided on the basis of evidences and takes decades together to decide the cases. Evidences are being cooked in so many cases and the innocent person suffers lot of humiliation. The fault mainly lies on the shoulder of the police. Police personnel who arrest the innocent persons ,must be arrested and should be given more punishment for making the false case. In some cases political rivalries are also there .Media is equally responsible for publishing the false news ,which lowers the dignity . The main Villain in this case is Police dept. They are responsible for this innocent man's Tragedy. To save their face they tag this innocent man and destroyed his future. Supreme Court must ask police dept. to suspend the police personnel involved in this case and Police dept. should pay the damage done by them and media should Highlight this man story to get back his dignity in society. This is so casual and flippant of the court - to declare a man innocent after he has suffered for years in jail and courtroom for being 'innocent'? Where is the justice in all this? Who will compensate for years of physical, material and mental trauma and damage? Is it enough to say after so many years that a man is innocent? The law makers and law enforcement will never be able to give justice to the accused and a fair trial will also be denied, probably the helpless accused may be to end up his life. Why action should not be taken against those who gives false/forged testimonies/statements. If crime is not convicted and if the proofs found fabricated by the court, then action must be taken against them as they are also guilty of hiding the truth and fooling the judiciary. Strict laws should be made to punish those who fabricate innocents in false cases and should be more intensive than the people suffered for wrong allegation. One can only imagine how tough it can be to be falsely accused and spend years in courtroom and imprisonment. And it gets even tougher when society rejects his family. I believe the responsibility should be taken by Judicial system. If they feel they have the responsibility to punish someone, they should also be responsible for rehabilitation of persons who were falsely accused. Before making the law, this type of outcome should also be considered. So nobody is humiliated. Scrap the british concocted laws....conceives to protect britsh crimes against indians. It is said that if wealth is lost nothing is lost, if character is lost then everything is lost. Surely victim is an aggrieved party and victim of character assassination out of no fault of his. That is very tricky how his public perception and confidence is restored. Mmany people in world who either destroy their life or go underground in such cases Why should taxpayers bears the burden of wrongs committed by police officers, judicial officers and at numerous times by false accusers? Much more needs to be done by the court towards helping the wrongly accused to rehabilitate in every way possible and should be done pro-actively by the judiciary, not after an appeal. Self respect and dignity are very precious to an individual. The man is well with in his rights to reclaim his good name which had been tarnished due to faulty investigations and indifferent courts. There are numerous examples of an individuals' reputation being dragged through dirt and he has no legal recourse to get it back. There is no apology or acceptance of the mistake committed by the concerned dept. In reality he should be adequately compensated for spending four long years in prison. it is a gross violation of his fundamental right to liberty. Just as the court / police / society can take away the freedom and rights of people who has committed crime, there should be a mechanism to restore it once any one is either acquitted. Our society has no considerations for real redemption. Unless the society, of which we are a part of has broader sense of morality, such pleas is going to get no ears. Scrutinize media and its functioning don't publish any name in public domain till trail is going on. Charge hefty fine if they don't follow the law to respect person’s private & public life. The media should not be allowed to publish names unless the person is found guilty. The media finds pride in publishing names and cooking stories and then they highlight it as if they are lucky that they are the first to report. Sad state of media and their unethical means to gain popularity. The victim goes through hell along with his family during the course of the trial. Our society is very narrow minded; and its sad what his children go through. The media strips him off his dignity and police also does the same. Why his name as acquitted should not be published in the same newspapers on the same page and with an equivalent size of column ? In many cases after so many years in jail, it is difficult to get back on track and run the same business or continue the same job respectfully. Its more trauma than a victim undergoes. Because he bears the sufferings just because it was not his fault. That is the reason why we had a old saying which quotes some thing like "Several culprits could get out from justice, but not even one innocent must be punished by Justice" The state should compensate the victim so that he can be brought on track to earn livelihood and lead a normal and respectable life. Who is at fault, the faulty investigating police or the judge who took all these years to declare him innocent or the society or the media? And with the kind of amendments proposed to this law including proposed Lokpal , more and more innocents will be facing this in the future. Is this not a country anymore to live, though better than afganisthan or pakistan, should we think of moving to Nepal or Srilanka, if not the US or Europe.... to live a life with dignity... God is with you if you are innocent, but when it would be Day of Judgment; all issues will be given an unimaginable and judicious treatment, so wait for actual judgment where every minute action is counted. Every ones including ours respect should be protected there. Let us share this article on our social networking profiles. So that this story reaches millions. If the cutting edge technology of social networking can make the news (good/bad) go viral, round the world and create sensation, i believe we can share this detail of innocence to get dignity back using the same medium which media failed to do. “An unjust law is itself a species of violence. Arrest for its breach is more so.” Mahatma Gandhi.