The Prevention of Corruption Act, 1988

(1) This Act may be called the Prevention of Corruption Act, 1988. (2) It extends to the whole of India 1*** and it applies also to all citizens of India outside India.

In this Act, unless the context otherwise requires,-- (a) "election" means any election, by whatever means held under any law for the purpose ofselecting members of Parliament or of any Legislature, local authority or other public authority; 1[(aa) ''prescribed'' means prescribed by rules made under this Act and the expression''prescribe'' shall be construed accordingly;] (b) "public duty" means a duty in the discharge of which the State, the public or the community atlarge 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 aGovernment 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 byfees 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 theGovernment 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 oras 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 theadministration of justice, including a liquidator, receiver or commissioner appointed by suchcourt; (vi) any arbitrator or other person to whom any cause or matter has been referred for decisionor 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 toperform any public duty; (ix) any person who is the president, secretary or other office-bearer of a registeredco-operative society engaged in agriculture, industry, trade or banking, receiving or havingreceived 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 bodyowned or controlled or aided by the Government or a Government company as defined in section617 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 suchCommission or Board for the conduct of any examination or making any selection on behalf ofsuch 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 anyUniversity and any person whose services have been availed of by a University or any otherpublic 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 anyfinancial assistance from the Central Government or any State Government, or local or otherpublic authority. 2[(d) "undue advantage" means any gratification whatever, other than legal remuneration. Explanation.--For the purposes of this clause,-- (a) the word "gratification" is not limited to pecuniary gratifications or to gratificationsestimable in money; (b) the expression "legal remuneration" is not restricted to remuneration paid to a publicservant, but includes all remuneration which he is permitted by the Government or theorganisation, which he serves, to receive.] Explanation 1.--Persons falling under any of the above sub-clauses are public servants, whetherappointed by the Government or not. Explanation 2.--Wherever the words "public servant" occur, they shall be understood of every personwho is in actual possession of the situation of a public servant, whatever legal defect there may be in hisright to hold that situation.

(1) The Central Government or the State Government may, bynotification in the Official Gazette, appoint as many special Judges as may be necessary for such area orareas or for such case or group of cases as may be specified in the notification to try the followingoffences, 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 offencesspecified in clause (a). (2) A person shall not be qualified for appointment as a special Judge under this Act unless he is orhas been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Codeof Criminal Procedure, 1973 (2 of 1974).

(1) Notwithstanding anything contained in the Code ofCriminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offencesspecified 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 thearea 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 inthis behalf by the Central Government. (3) When trying any case, a special Judge may also try any offence, other than an offence specified insection 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), becharged at the same trial. 1[(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), thetrial of an offence shall be held, as far as practicable, on day-to-day basis and an endeavour shall be madeto ensure that the said trial is concluded within a period of two years: Provided that where the trial is not concluded within the said period, the special Judge shall record thereasons for not having done so: Provided further that the said period may be extended by such further period, for reasons to berecorded in writing but not exceeding six months at a time; so, however, that the said period together withsuch extended period shall not exceed ordinarily four years in aggregate.]

(1) A special Judge may take cognizance of offenceswithout the accused being committed to him for trial and, in trying the accused persons, shall follow theprocedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant casesby Magistrates. (2) A special Judge may, with a view to obtaining the evidence of any person supposed to have beendirectly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition ofhis making a full and true disclosure of the whole circumstances within his knowledge relating to theoffence and to every other person concerned, whether as principal or abettor, in the commission thereofand any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of section 308 of the Code ofCriminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 of that Code. (3) Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of CriminalProcedure, 1973 (2 of 1974), shall, so far as they are not inconsistent with this Act, apply to theproceedings before a special Judge; and for the purposes of the said provisions, the Court of the specialJudge shall be deemed to be a Court of Session and the person conducting a prosecution before a specialJudge shall be deemed to be a public prosecutor. (4) In particular and without prejudice to the generality of the provisions contained in sub-section (3),the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so faras may be, apply to the proceedings before a special Judge and for the purposes of the said provisions, aspecial 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 forthe 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 powersand functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944(Ord. 38 of 1944).