Prevention of Corruption Act, 1988

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Introduction

The Prevention of Corruption Act of 1988 is a crucial legislation enacted by the Indian Parliament, it came into effect on September 09, 1988, to combat corruption and promote integrity in public administration. In the pre-1988 era, India lacked a comprehensive law specifically targeting corruption. The absence of a robust legal framework hindered the effective prosecution of corrupt individuals and fostered a culture of impunity. Recognizing the need to address this pressing issue, the Indian government enacted the Prevention of Corruption Act of 1988 to provide a specialized legal framework for combating corruption. With the enactment of this Act, the provisions of the Prevention of Corruption Act, 1947 (which acted as a model for its enactment) were consolidated.

The Act defines corruption and its various forms, including bribery, abuse of power, and illicit enrichment. It covers public servants, both in the government and public sector undertakings, who engage in corrupt practices. In India, there is no law that specifically prohibits bribery in the private sector. However, the same can be done through the Companies Act, 2013 which penalizes ‘Fraud’ in connection with the company affairs. The Prevention of Corruption Act, 1988, safeguards the rights of individuals and aims to prevent the coercive practice of demanding substantial payments from citizens by government officials in exchange for completing official tasks. This practice, commonly referred to as bribery, is deemed illegal by the Indian government.

The Prevention of Corruption Act of 1988 has undergone an amendment to address emerging challenges and strengthen the fight against corruption. The amended Act is known as the Prevention of Corruption (Amendment) Act, 2018. This amendment introduced several crucial changes, including the criminalization of bribe-giving, the protection of public officials from malicious or vexatious complaints, and the establishment of special courts for speedy trials of corruption cases. It also introduced provisions for the attachment and confiscation of property acquired through corrupt means. These amendments aimed to enhance the Act’s efficacy and streamline the judicial process. This article aims to provide a comprehensive understanding of the Act, its key provisions, and its significance in curbing corrupt practices.

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