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The Prevention of Corruption Act, 1988
THE PREVENTION OF CORRUPTION ACT, 1988
[Act No. 49 of 1988 dated 9th. September, 1988]
CHAPTER I: PRELIMINARY
1. Short title and extent
2. Definitions
3. Power to appoint special Judges
4. Cases triable by special Judges
5. Procedure and powers of special Judge
6. Power to try summarily
CHAPTER III: OFFENCES AND PENALTIES
7. Public servant taking gratification other than legal remuneration in respect of an
official act
8. Taking gratification, in order, by corrupt or illegal means, to influence public
servant
9. Taking gratification, for exercise of personal influence with public servant
10. Punishment for abetment by public servant of offences defined in section 8 or 9
11. Public servant obtaining valuable thing, without consideration from person
concerned in proceeding or business transacted by such public servant
12. Punishment for abetment of offences defined in section 7 or 11
13. Criminal misconduct by a public servant
14. Habitual committing of offence under sections 8, 9 and 12
15. Punishment for attempt
16. Matters to be taken into consideration for fixing fine
CHAPTER IV: INVESTIGATION INTO CASES UNDER THE ACT
17. Persons authorised to investigate
18. Power to inspect bankers’ books
19. Previous sanction necessary for prosecution
20. Presumption where public servant accepts gratification other than legal
remuneration
21. Accused person to be a competent witness
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications
23. Particulars in a charge in relation to an offence under section 13(1) (c).
24. Statement by bribe giver not to subject him to prosecution
25. Military, Naval and Air Force or other law not to be affected
26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed
under this Act
27. Appeal and revision
28. Act to be in addition to any other law
29. Amendment of the Ordinance 38 of 1944
30. Repeal and saving
31. Omission of certain sections of Act 45 of 1860
An Act to consolidate and amend the law relating to the prevention of corruption and for matters
connected therewith.
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows: - CHAPTER I:
PRELIMINARY
1. Short title and extent
(1) This Act may be called the Prevention of Corruption Act, 1988.
(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies
also to all citizens of India outside India.
2. Definitions
In this Act, unless the context otherwise requires,-
(a) ”election” means any election, by whatever means held under any law for the purpose
of selecting members of Parliament or of any Legislature, local authority or other
public authority;
(b) ”public duty” means a duty in the discharge of which the State, the public or the
community at large has an interest;
Explanation.-In this clause ”State” includes a corporation established by or under a
Central, Provincial or State Act, or an authority or a body owned or controlled or
aided by the Government or a Government company as defined in section 617 of the
Companies Act, 1956.
(c) ”public servant” means-
(i) any person in the service or pay of the Government or remunerated by the
Government by fees or commission for the performance of any public duty;
(ii) any person in the service or pay of a local authority ;
(iii) any person in the service or pay of a corporation established by or under a Central,
Provincial or State Act, or an authority or a body owned or controlled or aided by the
Government or a Government company as defined in section 617 of the Companies Act,
1956;
(iv) any Judge, including any person empowered by law to discharge, whether by
himself or as a member of any body of persons, any adjudicatory functions;
(v) any person authorised by a court of justice to perform any duty, in connection with
the administration of justice, including a liquidator, receiver or commissioner
appointed by such court;
(vi) any arbitrator or other person to whom any cause or matter has been referred for
decision or report by a court of justice or by a competent public authority;
(vii) any person who holds an office by virtue of which he is empowered to prepare, publish,
maintain or revise an electoral roll or to conduct an election or part of an election; (viii) any person who holds an office by virtue of which he is authorised or required to
perform any public duty;
(ix) any person who is the president, secretary or other office-bearer of a registered cooperative society engaged in agriculture, industry, trade or banking, receiving or having
received any financial aid from the Central Government or a State Government or from any
corporation established by or under a Central, Provincial or State Act, or any authority or
body owned or controlled or aided by the Government or a Government company as defined
in section 617 of the Companies Act, 1956;
(x) any person who is a chairman, member or employee of any Service Commission or
Board, by whatever name called, or a member of any selection committee appointed by such
Commission or Board for the conduct of any examination or making any selection on behalf
of such Commission or Board;
(xi) any person who is a Vice-Chancellor or member of any governing body, professor,
reader, lecturer or any other teacher or employee, by whatever designation called, of any
University and any person whose services have been availed of by a University or any other
public authority in connection with holding or conducting examinations;
(xii) any person who is an office-bearer or an employee of an educational, scientific, social,
cultural or other institution, in whatever manner established, receiving or having received any
financial assistance from the Central Government or any State Government, or local or other
public authority.
Explanation 1.-Persons falling under any of the above sub-clauses are public servants,
whether appointed by the Government or not.
Explanation 2.-Wherever the words “public servant” occur, they shall be understood of every
person who is in actual possession of the situation of a public servant, whatever legal defect
there may be in his right to hold that situation.
3. Power to appoint special Judges
(1) The Central Government or the State Government may, by notification in the. Official
Gazette, appoint as many special Judges as may be necessary for such area or areas or for
such case or group of cases as may be specified in the notification to try the following
offences, namely: -
(a) any offence punishable under this Act; and
(b) any conspiracy to commit or any attempt to commit or any abetment of any of the
offences specified in clause (a).
(2) A person shall not be qualified for appointment as a special Judge under this Act unless
he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions
Judge under the Code of Criminal Procedure, 1973. 4. Cases triable by special Judges
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any
other law for the time being in force, the offences specified in sub-section (1) of section 3
shall be tried by special Judges only.
(2) Every offence specified in sub-section (1) of section 3 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.
(3) When trying any case, a special Judge may also try any offence, other than an offence
specified in section 3, with which the accused may, under the Code of Criminal Procedure.
1973, be charged at the same trial.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a special
Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.
5. Procedure and powers of special Judge
(1) A special Judge may take cognizance of offences without the accused being committed to
him for trial and, in trying the accused persons, shall follow the procedure prescribed by the
Code of Criminal Procedure, 1973. for the trial of warrant cases by Magistrates.
(2) A special Judge may, with a view to obtaining the evidence of any person supposed to
have been directly or indirectly concerned in or privy to, an offence, tender a pardon to such
person on condition of his making a full and true disclosure of the whole circumstances
within his knowledge. relating to the offence and to every other person concerned, whether as
principal or abettor, in the commission thereof and any pardon so tendered shall, for the
purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973,
be deemed to have been tendered under section 307 of that Code.
(3) Save as provided in sub-sections (1) or sub-section (2), the provisions of the Code of
Criminal Procedure, 1973, shall, so far as they are not inconsistent with this Act, apply to the
proceedings before a special Judge; and for the purposes of the said provisions, the Court of
the special Judge shall be deemed to be a Court of Session and the person conducting a
prosecution before a special Judge shall be deemed to be a public prosecutor.
(4) In particular and without prejudice to the generality of the provisions contained in subsection (3), the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973,
shall, so for as may be, apply to the proceedings before a special Judge and for the purposes
of the said provisions, a special Judge shall be deemed to be a Magistrate.
(5) A special Judge may pass upon any person convicted by him any sentence authorised by
law for the punishment of the offence of which such person is convicted.
(6) A special Judge, while trying an offence punishable under this Act, shall exercise all the
powers and functions exercisable by a District Judge under the Criminal Law Amendment
Ordinance, 1944. 6. Power to try summarily
(1) Where a special Judge tries any offence specified in sub-section (1) of section 3, alleged
to have been committed by a public servant in relation to the contravention of any special
order referred to in sub-section (1) of section 12A of the Essential Commodities Act, 1955 or
of an order referred to in clause (a) of sub-section (2) of that section, then, notwithstanding
anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of
Criminal Procedure, 1973, the special Judge shall try the offence in a summary way, and the
provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be,
apply to such trial:
Provided that, in the case of any conviction in a summary trial under this section, it shall be
lawful for the special Judge to pass a sentence of imprisonment for a term not exceeding one
year:
Provided further that when at the commencement of, or in the course of, a summary trial
under this section, it appears to the special Judge that the nature of the case is such that a
sentence of imprisonment for a term exceeding one year may have to be passed or that it is,
for any other reason, undesirable to try the case summarily, the special Judge shall, after
hearing the parties, record an order to that effect and thereafter recall any witnesses who may
have been examined and proceed to hear or re-hear the case in accordance with the procedure
prescribed by the said Code for the trial of warrant cases by Magistrates.
(2) Notwithstanding anything to the contrary contained in this Act or in the code of Criminal
Procedure, 1973, there shall be no appeal by a convicted person in any case tried summarily
under this section in which the special Judge passes a sentence of imprisonment not
exceeding one month, and of fine not exceeding two thousand rupees whether or not any
order under section 452 of the said Code is made in addition to such sentence, but an appeal
shall lie where any sentence in excess of the aforesaid limits is passed by the special Judge.
CHAPTER III:
OFFENCES AND PENALTIES
7. Public servant taking gratification other than legal remuneration in respect of an
official act
Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or
attempts to obtain from any person, for himself or for any other person, any gratification
whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do
any official act or for showing or forbearing to show, in the exercise of his official functions,
favour or disfavour to any person or for rendering or attempting to render any service or
disservice to any person, with the Central Government or any State Government or
Parliament or the Legislature of any State or with any local authority, corporation or
Government company referred to in clause (c) of section 2, or with any public servant,
whether named or otherwise, shall be punishable with imprisonment which shall be not less
than six months but which may extend to five years and shall also be liable to fine.
Explanations.-
(a) “Expecting to be a public servant.” If a person not expecting to be in office obtains a
gratification by deceiving others into a belief that he is about to be in office, and that he will
then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in
this section.
(b) “Gratification.” The word “gratification” is not restricted to pecuniary gratifications or to
gratifications estimable in money.
(c) “Legal remuneration.” The words “legal remuneration” are not restricted to remuneration
which a public servant can lawfully demand, but include all remuneration which he is
permitted by the Government or the organisation, which he serves, to accept.
(d) “A motive or reward for doing.” A person who receives a gratification as a motive or
reward for doing what he does not intend or is not in a position to do, or has not done, comes
within this expression.
(e) Where a public servant induces a person erroneously to believe that his influence with the
Government has obtained a title for that person and thus induces that person to give the
public servant, money or any other gratification as a reward for this service, the public
servant has committed an offence under this section.
8. Taking gratification, in order, by corrupt or illegal means, to influence public servant
Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for
himself or for any other person, any gratification whatever as a motive or reward for
inducing, by corrupt or illegal means, any public servant, whether named or otherwise, to do
or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any
service or disservice to any person with the Central Government or any State Government or
Parliament or the Legislature of any State or with any local authority, corporation or
Government company referred to in clause (c) of section 2, or with any public servant,
whether named or otherwise, shall be punishable with imprisonment for a term which shall be
not less than six months but which may extend to five years and shall also be liable to fine.
9. Taking gratification, for exercise of personal influence with public servant
Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for
himself or for any other person, any gratification whatever, as a motive or reward for
inducing, by the exercise of personal influence, any public servant whether named or
otherwise to do or to forbear to do any official act, or in the exercise of the official functions
of such public servant to show favour or disfavour to any person, or to render or attempt to
render any service or disservice to any person with the Central Government or any State
Government or Parliament or the Legislature of any State or with any local authority,
corporation or Government company referred to in clause (c) of section 2, or with any public
servant, whether named or otherwise, shall be punishable with imprisonment for a term
which shall be not less than six months but which may extend. to five years and shall also be
liable to fine.
10. Punishment for abetment by public servant of offences defined in section 8 or 9
Whoever, being a public servant, in respect of whom either of the offences defined in section
8 or section 9 is committed, abets the offence, whether or not that offence is committed in
consequence of that abetment, shall be punishable with imprisonment for a term which shall
be not less than six months but which may extend to five years and shall also be liable to fine.
11. Public servant obtaining valuable thing, without consideration from person
concerned in proceeding or business transacted by such public servant
Whoever, being a public servant, 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 such public servant, 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, shall be punishable
with imprisonment for a term which shall be not less than six months but which may extend
to five years and shall also be liable to fine.
12. Punishment for abetment of offences defined in section 7 or 11
Whoever abets any offence punishable under section 7 or section 11 whether or not that
offence is committed in consequence of that abetment, shall be punishable with imprisonment
for a term which shall be not less than six months but which may extend to five years and
shall also be liable to fine, 13. Criminal misconduct by a public servant
(1) A public servant is said to commit the offence of criminal misconduct,-
(a) 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
(b) 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
(c) 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
(d) if he,-
(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; or
(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.
Explanation.-For the purposes of this section, “known sources of income” means income
received from any lawful source and such receipt has been intimated in accordance with the
provisions of any law, rules or orders for the time being applicable to a public servant.
(2) Any public servant who commits criminal misconduct shall be punishable with
imprisonment for a term which shall be not less than one year but which may extend to seven
years and shall also be liable to fine.
14. Habitual committing of offence under sections 8, 9 and 12
Whoever habitually commits-
(a) an offence punishable under section 8 or section 9; or
(b) an offence punishable under section 12, shall be punishable with imprisonment for a term which shall be not less than two years but
which may extend to seven years and shall also be liable to fine.
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.
16. Matters to be taken into consideration for fixing fine
Where a sentence of fine is imposed. under sub-section (2) of section 13 or section 14, the
court in fixing the amount of the fine shall taken into consideration the amount or the value of
the property, if any, which the accused person has obtained by committing the offence or
where the conviction is for an offence referred to in clause (e) of sub-section (1) of section
13, the pecuniary resources or property referred to in that clause for which the accused person
is unable to account satisfactorily.
CHAPTER IV:
INVESTIGATION INTO CASES UNDER THE ACT
17. Persons authorised to investigate
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no police
officer below the rank,-
(a) in the case of the Delhi Special Police Establishment, of an Inspector of Police;
(b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other
metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal
Procedure, 1973, of an Assistant Commissioner of Police;
(c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank,
shall investigate any offence punishable under this Act without the order of a Metropolitan
Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor
without a warrant:
Provided that if a police officer not below the rank of an Inspector of Police is authorised by
the State Government in this behalf by general or special order, he may also investigate any
such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class,
as the case may be, or make arrest therefor without a warrant:
Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall
not be investigated without the older of a police officer not below the rank of a
Superintendent of Police.
18. Power to inspect bankers’ books
If from information received or otherwise, a police officer has reason to suspect the
commission of an offence which he is empowered to investigate under section 17 and
considers that for the purpose of investigation or inquiry into such offence, it is necessary to
inspect any bankers’ books, then, notwithstanding anything contained in any law for the time
being in force, he may inspect any bankers’ books in so far as they relate to the accounts of
the persons suspected to have committed that offence or of any other person suspected to be
holding money on behalf of such person, and take or cause to be taken certified copies of the
relevant entries therefrom, and the bank concerned shall be bound to assist the police officer
in the exercise of his powers under this section:
Provided that no power under this section in relation to the accounts of any person shall be
exercised by a police officer below the rank of a Superintendent of Police, unless he is
specially authorised in this behalf by a police officer of or above the rank of a superintendent
of Police.
Explanation-In this section, the expressions “bank” and “bankers’ books” shall have the
meanings respectively assigned to them in the Bankers’ Books Evidence Act, 1891. 19. Previous sanction necessary for prosecution
(1) No court shall take cognizance of an offence punishable under section 7, 10, 11, 13 and
15 alleged to have been committed by a public servant, except with the previous sanction,-
(a) in the case of a person who is employed in connection with the affairs of the Union and is
not removable from his office save by or with the sanction of the Central Government, of that
Government;
(b) in the case of a person who is employed in connection with the affairs of a State and is not
removable from his office save by or with the sanction of the State Government, of that
Government;
(c) in the case of any other person, of the authority competent to remove him from his office.
(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as
required under sub-section (1) should be given by the Central Government or the State
Government or any other authority, such sanction shall be given by that Government or
authority which would have been competent to remove the public servant from his office at
the time when the offence was alleged to have been committed.
(3) Notwithstanding anything contained in the code of Criminal Procedure, 1973,-
(a) no finding, sentence or order passed by a special Judge shall be reversed or altered by a
Court in appeal, confirmation or revision on the ground of the absence of, or any error,
omission or irregularity in, the sanction required under sub-section (1), unless in the opinion
of that court, a failure of justice has in fact been occasioned thereby;
(b) no court shall stay the proceedings under this Act on the ground of any error, omission or
irregularity in the sanction granted by the authority, unless it is satisfied that such error,
omission or irregularity has resulted in a failure of justice;
(c) no court shall stay the proceedings under this Act on any other ground and no court shall
exercise the powers of revision in relation to any interlocutory order passed in any inquiry,
trial, appeal or other proceedings.
(4) In determining under sub-section (3) whether the absence of, or any error, omission or
irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall
have regard to the fact whether the objection could and should have been raised at any earlier
stage in the proceedings.
Explanation.-For the purposes of this section,-
(a) error includes competency of the authority to grant sanction;
(b) a sanction required for prosecution includes reference to any requirement that the
prosecution shall be at the instance of a specified authority or with the sanction of a specified
person or any requirement of a similar nature. 20. Presumption where public servant accepts gratification other than legal
remuneration
(1) Where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or
clause (b) of sub-section (1) of section 13 it is proved that an accused person has accepted or
obtained or has agreed to accept or attempted to obtain for himself, or for any other person,
any gratification (other than legal remuneration) or any valuable thing from any person, it
shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to
accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a
motive or reward such as is mentioned in section 7 or, as the case may be, without
consideration or for a consideration which he knows to be Inadequate.
(2) Where in any trial of an offence punishable under section 12 or under clause (b) of section
14, it is proved that any gratification (other than legal remuneration) or any valuable thing has
been given or offered to be given or attempted to be given by an accused person, it shall be
presumed, unless the contrary is proved, that he gave or offered to give or attempted to give
that gratification or that valuable thing, as the case may be, as a motive or reward such as is
mentioned in section 7, or, as the case may be, without consideration or for a consideration
which he knows to be inadequate.
(3) Notwithstanding anything contained in sub-section (1) and (2), the court may decline to
draw the presumption referred to in either of the said sub-sections, if the gratification or thing
aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.
21. Accused person to be a competent witness
Any person charged with an offence punishable under this Act, shall be a competent witness
for the defence and may give evidence on oath in disproof of the charges made against him or
any person charged together with him at the same trial:
Provided that-
(a) he shall not be called as a witness except at his own request;
(b) his failure to give evidence shall not be made the subject of any comment by the
prosecution or give rise to any presumption against himself or any person charged together
with him at the same trial;
(c) he shall not be asked, and if asked shall not be required to answer, any question tending to
show that he has committed or been convicted of any offence other than the offence with
which he is charged, or is of bad character, unless-
(i) the proof that he has committed or been convicted of such offence is admissible evidence
to that he is guilty of the offence with which he is charged, or
(ii) he has personally or by his pleader asked any question of any witness for the prosecution
with a view to establish his own good character, or has given evidence of his good character,
or the nature or conduct of the defence is such as to involve imputations on the character of
the prosecutor or of any witness for the prosecution, or
(iii) he has given evidence against any other person charged with the same offence. 22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications
The provisions of the Code of Criminal Procedure, 1973, shall in their application to any
proceeding in relation to an offence punishable under this Act have effect as if,-
(a) in sub-section (1) of section 243, for the words “The accused shall then be called upon”,
the words “The accused shall then be required to give in writing at once or within. such time
as the Court may allow, a list of the persons (if any) whom he proposes to examine as his
witnesses and of the documents (if any) on which he proposes to rely and he shall then be
called upon” had been substituted;
(b) in sub-section (2) of section 309, after the ‘third proviso, the following proviso had been
inserted, namely:-
“Provided also that the proceeding shall not be adjourned or postponed merely on the ground
that an application under section 397 has been made by a party to the proceeding.”;
(c) after sub-section (2) of section 317, the following sub-section had been inserted, namely:-
“(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may,
if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the
absence of the accused or his pleader and record the evidence of any witness subject to the
right of the accused to recall the witness for cross-examination.”;
(d) in sub-section (1) of section 397, before the Explanation, the following proviso had been
inserted, namely:-
“Provided that where the powers under this section are exercised by a Court on an application
made by a party to such proceedings, the Court shall not ordinarily call for the record of the
proceedings:-
(a) without giving the other party an opportunity of showing cause why the record should not
be called for; or
(b) if it is satisfied that an examination of the record of the proceedings may be made from
the certified copies.”.
23. Particulars in a charge in relation to an offence under section 13(1) (c).
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, when an
accused is charged with an offence under clause (c) of sub-section (1) of section 13, it shall
be sufficient to describe in the charge the property in respect of which the offence is alleged
to have been committed , and the dates between which the offence is alleged to have been
committed, without specifying particular items or exact dates, and the charge so framed shall
be deemed to be a charge of one offence within the meaning of section 219 of the said Code:
Provided that the time included between the first and last of such dates shall not exceed one
year. 24. Statement by bribe giver not to subject him to prosecution
Notwithstanding anything contained in any law for the time being in force, a statement made
by a person in any proceeding against a public servant for an offence under sections 7 to 11
or under section 13 or section 15, that he offered or agreed to offer any gratification (other
than legal remuneration) or any valuable thing to the public servant, shall not subject such
person to a prosecution under section 12.
25. Military, Naval and Air Force or other law not to be affected
(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable
to, any court or other authority under the Army Act. 1950, the Air Force Act, 1950, the Navy
Act, 1957, the Border Security Force Act, 1968, the Coast Guard Act, 1978 and the National
Security Guard Act, 1986.
(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is
referred to in sub-section (1), the court of a special Judge shall be deemed to be a court of
ordinary criminal justice.
26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under
this Act
Every special Judge appointed under the Criminal Law Amendment Act, 1952,, for any area
or areas and is holding office on the commencement of this Act shall be deemed to be a
special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on
and from such commencement, every such Judge shall continue to deal with all the
proceedings pending before him on such commencement in accordance with the provisions of
this Act.
27. Appeal and revision
Subject to the provisions of this Act, the High Court may exercise, so far as they may be
applicable, all the powers of appeal and revision conferred by the Code of Criminal
Procedure, 1973 on a High Court as if the court of special Judge were a court of Session
trying cases within the local limits of the High Court.
28. Act to be in addition to any other law
The provisions of this Act shall be in addition to, and not in derogation of, any other law for
the time being in force, and nothing contained herein shall exempt any public servant from
any proceeding which might, apart from this Act, be instituted against him. 29. Amendment of the Ordinance 38 of 1944
In the Criminal Law Amendment Ordinance, 1944,-
(a) in sub-section (1) of section 3, sub-section (1) of sector 9, clause (a) of section 10, subsection (1) of section 11 and sub-section (1) of section 13, for the words “State Government”,
wherever they occur, the words “State Government or, as the case may be, the Central
Government” shall be substituted;
(b) in section 10, in clause (a), for the words ” three months”, the words “one year” shall be
substituted;
(c) in the Schedule,-
(i) paragraph 1 shall be omitted;
(ii) in paragraphs 2 and 4,-
(a) after the words “a local authority”, the words and figures “or a corporation established by
or under a Central, Provincial or State Act, or an authority or a body owned or controlled or
aided by Government or a Government company as defined in section 617 of the Companies
Act, 1956 or a society aided by such corporation, authority. body or Government company”
shall be inserted;
(b) after the words “or authority”, the words “or corporation or body or Government company
or society” shall be inserted;
(iii) for paragraph 4A, the following paragraph shall be substituted, namely: -
“4A. An offence punishable under the Prevention of Corruption Act, 1988.”;
(iv) in paragraph 5, for the words and figures “items 2, 3 and 4″, the words, figures and letter
“items 2, 3, 4 and 4A” shall be substituted.
30. Repeal and saving
(1) The Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952 are
hereby repealed.
(2) Notwithstanding such repeal, but without prejudice to the application of section 6 of the
General Clauses Act, 1897, anything done or any action taken or purported to ‘have been
done or taken under or in pursuance of the Acts so repealed shall, in so far as it is not
inconsistent with the provisions of this Act, be deemed to have been done or taken, under or
in pursuance of the corresponding provision of this Act. 31. Omission of certain sections of Act 45 of 1860
Sections 161 to 165A (both inclusive) of the Indian Penal Code shall be omitted, and section
6 of the General Clauses Act, 1897, shall apply to such omission as if the said sections had
been repealed by a Central Act.
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Criminal Lawyers in Supreme Court of India
Criminal Lawyers in Supreme Court of India: We are dealing in all criminal law cases in Supreme Court of India. Our associate lawyers are dealing in all criminal cases i.e. Criminal Appeal, Criminal Revision, SLP, Bail and other criminal matters. We provide legal advice and litigation support in criminal case in Supreme court of India.
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Government to exempt 14 more services from tax
NEW DELHI: Advocates with a turnover of up to Rs 10 lakhs, companies engaged in construction of metro projects, law firms, and entities providing public conveniences will not have to pay 12 per cent service tax.
The government today announced that 14 more services would be exempted from payment of service tax by including them in the negative list which shall come into effect from July 1.
With the inclusion of 14 items, the total number of services in the negative list will go up to 38. All other services which do not figure in the list would be taxed.
Releasing the 107-page book ‘Taxation of service: An Education Guide’, Finance Minister Pranab Mukherjee said that with the expansion of the service tax base, it would be possible for “the Central Board of Excise and Customs (CBEC) to exceed the collection target of Rs 1.24 lakh crore in the current fiscal”.
The government has collected Rs 97,000 crore on account of service tax in the last financial year. For the current year, the government has hiked the service tax rate by two per cent to 12 per cent.
As per the guide, the 14 services which will be exempted from payment of tax include lending of books, publications or any other knowledge enhancing content or material by public libraries.
Read More:
http://economictimes.indiatimes.com/news/economy/policy/government-to-exempt-14-more-services-from-tax/articleshow/14302486.cms
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High courts cannot frame question papers: SC
NEW DELHI: The Supreme Court on Monday frowned at the Rajasthan high court’s attempt to reframe questions in Rajasthan Judicial Services (RJS) Preliminary Examination, 2011, and said a HC could not substitute its views with that of the Public Services Commission (PSC) that is tasked with the conduct of screening tests.
A bench of Justices H L Gokhale and Ranjana P Desai found that the HC had made substantial changes in the question paper on the complaint of a PIL that many questions were wrong. “If a PIL petitioner goes to High Court, can the HC and the PSC reach an agreement to reframe the question paper?” the bench asked.
Read More:
http://articles.timesofindia.indiatimes.com/2012-06-19/india/32316457_1_question-paper-pil-preliminary-examination
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Fire in UCO Bank branch inside Supreme Court complex
A fire broke out at a bank branch in the Supreme Court complex here this afternoon, fire brigade officials said.
The fire was reported from the UCO Bank office inside the Supreme Court complex in Central Delhi at around 4:25 PM.
Six fire tenders were rushed to the spot and fire brigade officials said the blaze has been doused.
Read More:
http://www.business-standard.com/generalnews/news/fire-in-uco-bank-branch-inside-supreme-court-complex/21699/
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HC seeks opinion on lawyers’ qualification
CHENNAI: Can persons accused in criminal cases be refused admission to law colleges and enrolment as advocates? Can people who obtained law degree 10-20 years ago be denied enrolment, and can people retired from jobs and enjoying pension benefits be allowed to become advocates?
These are some of the key queries raised by the Madras high court, which has sought written response from the Bar Council of India and the Bar Council of Tamil Nadu.
Justice N Kirubakaran, passing interim orders on a writ petition filed by a dismissed banker M A Balasubramanian on Tuesday, also called upon the Centre to explain its stand on implementing the Supreme Court order recommending a ‘pre-enrolment training’ for law graduates. Expressing concern over the falling ’standards and ethics’ in legal profession, the judge said a perusal of records and documents revealed falling standards in the profession.
Read More:
http://timesofindia.indiatimes.com/city/chennai/HC-seeks-opinion-on-lawyers-qualification/articleshow/14220970.cms
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Exercise care, high court tells property buyers
Dismissing a batch of petitions seeking regularisation of illegal floors in a building at Navi Mumbai, the Bombay High Court on Saturday cautioned apartment buyers to verify certificates before purchasing the property and refrain from approaching the courts for redress.
Justices A M Khanwilkar and S S Shinde, who heard the petitions filed by a developer and others seeking regularisation of “illegal” structures/ floors in “Green Heritage”, a building at Khargar in Navi Mumbai, near here, said that though apartment buyers may be aggrieved, their interests cannot override those of the public at large.
“Ultimately, if they purchase flats without bothering to make inquiries and seeking details of the construction, then they have themselves to blame”, the judges said.
They said that with the edge provided by science and technology and enactments such as Right to Information Act, it is not unreasonable on the part of a court to expect the people to gather information about the property they are going to buy.
Read More:
http://www.deccanherald.com/content/257533/exercise-care-high-court-tells.html
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Death does not end arbitration
The Supreme Court ruled last week that even if the arbitrators named in a contract had expired, the dispute may be referred for arbitration by others. In this case, ACC Ltd vs Global Cements Ltd, the arbitration clause in the 1989 contract stated that if disputes arose at any time, they shall be “referred either to Mr. N.A. Palkhivala or Mr. D.S.Seth, whose decision in the matter shall be final and binding on both the parties.” In the event, both had died when the disputes arose. ACC maintained that the arbitration clause expired with the demise of both the nominees. It was pointed out that Palkhivala was named since he was the chairman of the company and DS Seth was named since he was the director of the company. Both of them were nominated as they were closely associated with the company and also due to their eminence, impartiality and familiarity in all commercial transactions and the corporate laws. Global Cements argued that the arbitrators can be substituted by the court under the Arbitration and Conciliation Act and the contract did not bar it. The Bombay high court accepted this view and nominated Justice S N Variava, ex-judge of the Supreme Court, as arbitrator. ACC appealed, but the Supreme Court dismissed its petition and confirmed the appointment of the arbitrator.
Challenge to Delhi VAT dismissed
The Delhi high court has dismissed a batch of writ petitions moved by Larsen & Toubro against the demand of tax, interest and penalty from it under the Delhi Value Added Tax, 2004 and rules. The company challenged the validity of Section 5 (2) on the ground that it did not provide for a proper mechanism to compute the taxable turnover after deducting “turnover of sub-contractors”. It was also argued that the rules did not provide any mechanism for deducting the sub-contractor’s turnover in the hands of the main contractor and there could be double taxation. The government argued that grant of deduction or exemption is a matter of legislative prerogative. Under the Act, the turnover of sub-contract is not taxed in the hands of the contractor but through a different mechanism. Agreeing with this, the court rejected the apprehension of the company of double taxation. The matter will also depend upon the terms of the works contract as to when the parties intend to pass the property.
Read More:
http://www.business-standard.com/india/news/death-does-not-end-arbitration/477632/
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Reduce exposure to NBFCs giving gold loans: RBI to banks
In a bid to futher tighten regulations the Reserve Bank of India (RBI) on Friday asked banks to bring down credit exposure to a single non-banking finance company (NBFC),doing business of gold loans, from existing 10% to 7.5%. The regulator has given maximum six months to implement it.
“Banks are advised to reduce their regulatory exposure ceiling on a single NBFC, having gold loans to the extent of 50% or more of its total financial assets (loans), from the existing 10% to 7.5% of banks’ capital funds (tier I + tier II capital),” RBI said in a circular.
“However, the above exposure ceiling may go up by 5%, i.e., up to 12.5% of banks’ capital funds if the additional exposure is on account of funds on-lent by NBFCs to the infrastructure sector.”
Read More:
http://www.moneycontrol.com/news/economy/reduce-exposure-to-nbfcs-giving-gold-loans-rbi-to-banks_706511.html
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