1. Short title and extent.—
This law applies to every person in India, except in Jammu and Kashmir.The law applies to every citizen of India (even if they're outside India) when they do something unlawful under this law.
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 (1 of 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 (1 of 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 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 co-operative 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 (1 of 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.
What is an 'election'?An election is the process by which a person is elected to the Parliament, State legislature or any other local authority (e.g. municipality) through voting.
What is 'public duty'?As a public servant, a public duty is the responsibility you have towards the government, the people or society, in doing your duty. Just as you have a duty to take care of your parents in their old age, public servants have a duty towards the government, people and society at large.
Who is a 'public servant'?
Please note that you are a public servant if you meet the requirements explained above - it doesn't matter if you were not actually appointed by the government.Also, you will be a public servant if you currently have the job, even if your appointment had some legal defect.Example:Mukesh (aged 65) is currently the professor of literature in Gargi College, Delhi University. He is a public servant even though his appointment had a legal defect as the college rules require professors to be less than 60 years of age.
|You are a public servant if you are...||Example|
| ||Mukesh is working as a senior post master for the Department of Post. He is a public servant because his salary is paid by the government and by delivering post he is doing a public duty.|
|Working for and are paid by a local authority like a municipality or panchayat.||Mukesh is working as an officer in the Thane Municipality. He is a public servant because he is working for the municipality which is a local authority and his salary is paid by it.|
| Employed by and being paid by: ||Mukesh is a public servant if he works at either the Life Insurance Corporation or Air India Limited.|
|A judge or performing the function of a judge under a state or central law.||Mukesh is a public servant as he decides cases in the consumer forum.|
|Asked by the court to do work in relation to settling disagreements among people who approach the court.||Ananth and Ravi come to the court due to a land disagreement about the size of the land owned by Ananth. The court in order to decide the disagreement appoints Mukesh as a commissioner to visit the land and measure it. Mukesh is a public servant.|
|An arbitrator in a dispute between parties. An arbitrator is similar to a judge, and is either appointed by parties or by the court to decide a disagreement between the parties in a quicker and less expensive manner.||Ananth and Ravi come to court due to a disagreement about Ravi not supplying goods under their contract. The court appoints Mukesh as an arbitrator and decide this dispute quickly because the parties had agreed in their contract to refer any disagreement to an arbitrator instead of a court. Mukesh is a public servant.|
|An officer who is involved in preparing an electoral roll or are in charge of an election.||Mukesh is an election officer who prepared the electoral roll for the district of Anand in the Gujarat State Assembly elections.|
|An officer whose work involves responsibilities to the government, the people or society.||Mukesh is an officer who has to collect fines from people who park in the no parking zone. His work involves responsibilities towards the government, the people or society|
| An officer of: A) A co-operative society engaged in agriculture, industry, trade or banking, and B) The co-operative society is receiving money from: ||Mukesh is the secretary of the Indian Agriculture Marketing Co-operative Ltd. He is a public servant as the co-operative society is involved in agriculture and receives money from the central government.|
|The chairman or a member of a service commission appointed for conducting examinations or to choose suitable candidates.||Mukesh is a member of the Uttar Pradesh Service Commission which conducts examination for various government posts (forest conservation officer etc.).|
|A professor or a teacher in a university or you have been appointed by the university for conducting of examinations.||Mukesh is a lecturer in the M.G.R. University in Chennai.|
|Employed in educational or cultural institutes which get money from the central, state or local government (like the panchayat).||Mukesh is a professor in the Indian Institute of Technology, Kharagpur, which is an education institution receiving money from Central Government.|
3. Power to appoint special Judges.—
Who decides a case under this law?Crimes under this law have to be decided by a special judge. The State or Central Governments will appoint these judges.
4. Cases triable by special Judges.—
Only a special judge appointed by Central or State government can decide cases under this law.When crimes under this Act go to court, the crimes will be decided by the special judge who is responsible for the area where it was committed or the special judge appointed for that specific case.Along with deciding your punishment for breaking this law, the special judge can also decide any other crime in the same trial.
Example:Mukesh is a public servant who has accepted bribes and stolen money from his employer. The special judge can conduct a trial for both crimes at the same time.The special judge as far as possible has to hold the trial every day, once he has begun the trial.
Example:Mukesh is a public servant who has accepted bribes and stolen money from his employer. The special judge can conduct a trial for both crimes at the same time.The special judge as far as possible has to hold the trial every day, once he has begun the trial.
5. Procedure and powers of special Judge.—
Every criminal trial has to follow certain procedural rules which are provided in the Code of Criminal Procedure, 1973. This section explains the procedure to be followed for crimes under this law. The judge is also allowed to grant a pardon so as to obtain information about a crime.
6. Power to try summarily.—
This section explains the situations in which a simpler trial procedure (known as 'summary trial') can be followed.If the special judge in a summary trial passes an order for imprisonment for less than one month and imposes a fine below Rs. 2000, there can be no appeal by the public servant.Example:Mukesh is tried under a summary trial and the special judge gives sentences him to jail for 20 days with Rs. 1,500 fine. Mukesh cannot file an appeal against this sentence by the special judge.
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 three years but which may extend to seven 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, be 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.
Is it unlawful for a public servant to take any money other than his salary?Yes, it is under the following circumstances:
In each of these cases Mukesh can be sent to jail for at 3-7 years and will also pay fine.
|Asking for or getting money or gifts, in addition to your salary, in return for doing your official duty.||Ravi gifts Mukesh, a public servant, a house in Andheri in return for Mukesh giving fast approval to Ravi's building construction project.|
|Asking for or getting money or gifts, in addition to your salary, in return for not doing your official duty.||Mukesh is a tax assessment officer. Ravi gives Mukesh's sons admission for free in the school run by Ravi's family. This is so that Mukesh does not fine Ravi for failing to pay his income tax.|
|When doing your official duty, being partial to the person who paid you.||Mukesh, a municipality officer is paid Rs. 10,000 by Ravi so that Mukesh will award the project for building a road in the locality to Ravi's company|
|Doing some service for the person who paid you, during your official duty.||Mukesh is a teacher at the Howrah Railway School. Ravi pays him Rs. 1000 so that he gets a job in the Sealdah Railway Station.|
What if I lie about being a public servant?For example, if you deliberately lie to Ravi saying you are a public servant, and take money from him, you are guilty of only cheating and not breaking this law.
Does bribery have to be only with cash?No. A public servant breaks this law by accepting any gift or benefit and not just money.For example, Ravi gives Mukesh (a public servant) membership to an exclusive club and attendant benefits in return for Mukesh giving him an official favour.
What about my salary and other perks? Can I be accused of bribery for getting those?No. Legal remuneration includes salary, house allowance, pension payment and all payments that the public servant gets for his work.
What if I take the money but don't do the favour?You can still be punished. For example, you are a junior officer in the Bhopal Municipality. You accept bribe from Ravi promising to give his company approval to build a tank in the locality, but you know that as a junior officer you do not have the power to give the approval. You can still be punished under this law.
What if the favour is done, but not through any action of mine?You can still be punished if you took money and made the person who bribed you believe that you were responsible for the favour.For example, you take Rs. 20,000 from Ravi after making him believe that he got the job with the Forest Department because of your connections with the head of the Forest Department. Even if you did not actually have any connections with the head of the Forest Department, you will still be breaking this law.
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 three years but which may extend to seven years and shall also be liable to fine.
Is it illegal to try and influence a public servant through corrupt methods?Yes. You are breaking this law if you accept money or gifts in return for influencing a public servant by illegal or corrupt methods. You can be sent to jail for a period of 3 to 7 years and be asked to pay fine.Example: You take money or gifts from Ravi to scare Mukesh, a railway officer to give Ravi a job in the Southern Railways, by kidnapping Mukesh's daughter.
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 three years but which may extend to seven years and shall also be liable to fine.
Is it a crime to take money to influence a public servant through your personal relationship?You are breaking this law if you accept money or gifts in return for influencing a public servant using your personal relationship with the public servant. You can be sent to jail for a period of 3 to 7 years and be asked to pay fine.Example:Mukesh, a tax officer, is your cousin. You take money or gifts from Ravi to convince Mukesh to overlook Ravi's failure to pay his income tax.
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.
What if I just help to influence another public servant?You are breaking this law if you as a public servant help someone commit the crime of influencing public servants. It does not matter that the crime was not actually committed. You can be sent to jail for a period of 6 months to 5 years.Example:Mukesh (a public servant) is Rajesh's junior (also a public servant). Mukesh tampers with a file on Rajesh's orders because Rajesh agreed to help Ravi get a contract with the government. It does not matter that Ravi didn't eventually get the contract.
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.
Is it a crime for a public servant to accept property from business associates?You are breaking this law if you as a public servant accept something of value from a person without paying and with whom you have a business or official relationship. You can be sent to jail for a period of 6 months to 5 years and may also have to pay fine.Example:You are a public servant working in the Public Works Department and are in-charge of approving tender for road construction. You accept a car from Ravi without paying him any money. You know that his company will apply to your department for approval of a contract to build a highway.
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 three years but which may extend to seven years and shall also be liable to five.
Can I be punished for helping a public servant commit a crime under this law?You are breaking this law if you help a public servant commit the crimes of accepting money in addition to their salary or property from business associates, even if the crime was not successfully committed. You can be sent to jail for a period of 3 to 7 years and will also have to pay fine.Example:Rajesh, Ravi's cousin offers Mukesh (a public servant) a new house in return for appointing Ravi to the post of junior Railway officer. Even if Ravi does not get the post, Rajesh has "abetted" or helped Mukesh break the law.
13. Criminal misconduct by a public servant.—
When can a public servant be punished for 'criminal misconduct'?
In all these cases, Mukesh, the public servant demands the money or gift and he will be punished for criminal misconduct.A public servant guilty of criminal misconduct can be sent to jail for a period of 4 to 10 years and can also be asked to pay a fine.
|You commit criminal misconduct if -||Example|
|You regularly accept money or gifts in addition to your salary for performing your official duties.||Mukesh, a tax assessment officer, regularly accepts bribe from people who file wrong returns in return for not fining and investigating them. He can be punished for criminal misconduct.|
|You regularly get something of value from someone with whom you have a business or official relationship without paying.||Mukesh, a building inspector, regularly gets free movie tickets from a multiplex he's supposed to be auditing for fire safety. He can be punished for criminal misconduct.|
|You steal, or get someone to steal or sell any property given to you as part of your official work.||Mukesh, a customs officer, seizes an iPad from someone who has not paid proper duty on it. If he uses it for his own purposes, he commits the crime of criminal misconduct.|
|You hold property or have money which is more than what you could have obtained from your government salary and you cannot account for this additional money or property ('disproportionate assets')||Mukesh is a public servant and during the year 2013 his annual income was found to be Rs. 3 crores. His regular sources of income, like salary, and rent from property only adds up to 2 lakhs. The remaining cannot be traced to his regular sources of income. Therefore, Mukesh is said to have "assets disproportionate to his known sources of income".|
|You demand and get any money or gifts, for yourself or any other person:|
| ||Mukesh, a tax assessment officer, demands that his son gets admission in Ravi's private school, if Ravi does not want to pay fine and be investigated for filing wrong returns.|
| ||Mukesh promises Ravi that Ravi will get a job with the railways if he pays Mukesh Rs. 10,000.|
| ||Mukesh, a forest officer, demands Rs. 20,000 to allow Ravi to kill tigers in the forest.|
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 five years but which may extend to ten years and shall also be liable to fine.
How are repeat offenders punished under this law?Any person who regularly influences public servants through illegal means or uses business relationships to influence public servants can be sent to jail for a period of 5 to 10 years and can also be asked to pay fine.Example:You regularly take money from people who do not pay income tax to convince Mukesh, a tax assessment officer and also your cousin not to fine and investigate these persons for failing to pay income tax.
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 shall not be less than two years but which may extend to five years and with fine.
Can I be punished under this law even if I was not succesful in committing the crime?Yes, if you as a public servant try to steal or sell property given to you as part of your work or take gifts or money unlawfully, you can be punished. It does not matter that you did not succeed. You can be sent to jail for a period of 2 to 5 years and can also be asked to pay fine.Example:Mukesh is a police officer. His superior officer has given him gold jewelry for safekeeping, which was returned by a thief during police questioning. Mukesh tries to sell it to Ravi, but the senior officer sees them and stops him. Even though Mukesh failed he is still breaking this law.
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 take 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.
This section explains the factors to be considered by the court while deciding the amount of fine payable for certain crimes under this law.These factors include:
- value of the property the public servant obtained for committing a crime under the Act, or
- the amount of income which the public servant could not explain properly as to its source.
17. Persons authorised to investigate.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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 (2 of 1974), 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 order of a police officer not below the rank of a Superintendent of Police.
Who will investigate a case under this law?This section talks about the level or rank of police who can investigate crimes under this law. For any lower rank police officer to investigate a crime under this law, an order of the Magistrate is necessary.
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 (18 of 1891).
Can the police inspect your pass book and bank details if they doubt you are breaking this law?Yes, if the police think that you are breaking this law and they have the power to investigate, they can check your banker's books in connection with your crime. They can also check the banker's books of another person who might be holding money on your behalf. Banker's books mean ledgers and account books where the day to day transactions of the bank or a specific bank account are stored.
19. Previous sanction necessary for prosecution.—
For certain category of public servants, prior approval of the State or Central Government will have to be taken before the courts decide to try a case under this law. This section explains the categories and the procedure adopted by courts if the approval was not properly obtained.Example:Mukesh is an IAS officer working with the Ministry of Defense. Someone has filed a complaint against him alleging that he accepted bribe in return for awarding contracts for making army guns to Ravi's company. The court will have to seek the sanction or approval of the Central Government before the judge decides to try the case.
20. Presumption where public servant accepts gratification other than legal remuneration.—
This section discusses the burden of proving the case on the parties before the special judge.
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 show 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.
- The accused can be a witness in his case and can give evidence for himself or any other person charged with him in the same trial. This section contains the rules applicable in such situations.
- Witness means the person who gives evidence before the court during the trial.
- The accused can't be made to appear as a witness unless he himself wants to be one.
- If he doesn't want to be a witness, the court will not presume that he probably committed the offence.
- He can't be asked about another crime he may have committed unless prosecution wants to show that he is of bad character, or he has given evidence in another case.
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications.—The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), 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.”.
The procedure governing the trial of cases under this law will be according to the Criminal Procedure Code, 1973. This section explains certain differences in the procedure, from the general law.
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 (2 of 1974), 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.
If someone who has paid a bribe offers to give evidence against the public servant whom he bribed, he will not be prosecuted for helping the public servant commit a crime under this law.Example:Rajesh tells the court during the trial that he offered bribe to Mukesh, so that Mukesh would secure Rajesh's cousin Ravi a job in the railways. This statement will not make him guilty of helping Mukesh in breaking this law.
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.—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 (2 of 1974) on a High Court as if the court of the special Judge were a court of Session trying cases within the local limits of the High Court.
Can you appeal or seek revision of the special judge's decisions?If the special judge finds you guilty, you can appeal or seek revision of the judgment before the High Court and the procedure for appeal and revision under the Criminal Procedure Code, 1973 will apply.
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.
A public servant can be prosecuted under any other law which deals with corruption. This law will operate in addition to another law.
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 section 9, clause (a) of section 10, sub-section (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 (1 of 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.
This law works along with a previous law known as the Criminal Law Amendment Ordinance, 1944. Under that law, the property or money of the public servant can be taken over by the government in certain cases.
30. Repeal and saving.—
This section repeals certain previous laws on prevention of corruption by public servants.