Corruption laws in India
Corruption laws in IndiaPublic servants in India can be penalized for corruption under the Indian Penal Code, 1860 and
the Prevention of Corruption Act, 1988. The Benami Transactions (Prohibition) Act, 1988
prohibits benami transactions. The Prevention of Money Laundering Act, 2002 penalises public
servants for the offence of money laundering. India is also a signatory (not ratified) to the UN
Convention against Corruption since 2005. The Convention covers a wide range of acts of
corruption and also proposes certain preventive policies.
Key Features of the Acts related to corruption
Indian Penal Code, 1860:
• The IPC defines “public servant” as a government employee, officers in the military,
navy or air force; police, judges, officers of Court of Justice, and any local authority
established by a central or state Act.
• Section 169 pertains to a public servant unlawfully buying or bidding for property. The
public servant shall be punished with imprisonment of upto two years or with fine or
both. If the property is purchased, it shall be confiscated.
shall be punished with life imprisonment or with imprisonment of upto 10 years and a
fine.
The Prevention of Corruption Act, 1988
• In addition to the categories included in the IPC, the definition of “public servant”
includes office bearers of cooperative societies receiving financial aid from the
government, employees of universities, Public Service Commission and banks.
• If a public servant takes gratification other than his legal remuneration in respect of an
official act or to influence public servants is liable to minimum punishment of six months
and maximum punishment of five years and fine. The Act also penalizes a public servant
for taking gratification to influence the public by illegal means and for exercising his
personal influence with a public servant.
• If a public servant accepts a valuable thing without paying for it or paying inadequately
from a person with whom he is involved in a business transaction in his official capacity,
he shall be penalized with minimum punishment of six months and maximum
punishment of five years and fine.
prosecute a public servant.
The Benami Transactions (Prohibition) Act, 1988
• The Act prohibits any benami transaction (purchase of property in false name of another
person who does not pay for the property) except when a person purchases property in his
wife’s or unmarried daughter’s name. • Any person who enters into a benami transaction shall be punishable with imprisonment
Jatesh Neema [ BCom ]
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