[Act 2 of 1947]??????? [11th March, 1947] ?[Repealed by Act 49 of 1988] An Act for the more effective prevention of
bribery and corruption Whereas it is expedient to make more effective provision for the
prevention of bribery and corruption; It is hereby enacted as follows: (1)
This
Act may be called the Prevention
of Corruption Act, 1947. [1][(2) It extends to the whole of India [2][except
the State of Jammu and Kashmir]; and it applies also to all citizens of India
outside India.] [3][* * *] For the purposes of this Act, ?public servant? means a public servant as
defined in Section 21 of the Indian Penal Code. An offence punishable under [4][*
* *] [5][Section
165-A] of the Indian Penal Code shall be deemed to be a cognizable offence for
the purposes of the Code of Criminal Procedure, 1898, notwithstanding anything
to the contrary contained therein: [6][* * *] [7][(1)] Where in any trial of an offence punishable under Section 161 or
Section 165 of the Indian Penal Code, [8][or
of an offence referred to in clause (a)
or clause (b) of sub-section
(1) of Section 5 of this Act punishable under sub-section (2) thereof,] 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 the
said Section 161, or, as the case may be, without consideration or for a
consideration which he knows to be inadequate: [9][* * *] [10][(2) Where in any trial of an offence punishable under Section 165-A of
the Indian Penal Code, [11][or
under clause (ii) of
sub-section (3) of Section 5 of this Act,] 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 161 of the Indian Penal Code or, as
the case may be, without consideration or for a consideration which he knows to
be inadequate. (3) ? Notwithstanding
anything contained in sub-sections (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.] (1) A public servant is said to commit
the offence of criminal misconduct [12][*
* *]? (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 161 of the Indian Penal Code, 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, by corrupt or illegal means or by
otherwise abusing his position as a public servant, obtains for himself or for
any other person any valuable thing or pecuniary advantage; [13][or] [14][(e) if he, or any
person on his behalf is in possession of 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.] [15][(2) Any public servant who commits criminal misconduct [16][*
* *], shall be punishable with imprisonment for a term which shall not be less
than one year but which may extend to seven years and shall also be liable to
fine: Provided that the Court may, for any special reasons recorded in
writing, impose a sentence of imprisonment of less than one year.] [17][(3) Whoever habitually commits? (i)
an
offence punishable under Section 162 or Section 163 of the Indian Penal Code,
or (ii)
an
offence punishable under Section 165-A of the Indian Penal Code, shall be
punishable with imprisonment for a term which shall not be less than one year
but which may extend to seven years, and shall also be liable to fine: Provided that the Court may, for any special reasons recorded in
writing, impose a sentence of imprisonment of less than one year. (3-A)
Whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) shall be punishable with imprisonment for
a term which may extend to three years, or with fine, or with both. (3-B) Where a sentence of fine is
imposed under sub-section (2) or sub-section (3), the Court in fixing the
amount of 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), the pecuniary
resources or property referred to in that clause for which the accused person
is unable to account satisfactorily.] [18][(4) The provisions of this section 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 section, be instituted against him.] (1) ? Notwithstanding
anything contained in the Code of Criminal Procedure, 1898, no police officer
below the rank,? (a)
in the
case of the Delhi Special Police Establishment, of an Inspector of Police; (b)
in the
presidency-towns of Calcutta and Madras, of an Assistant Commissioner of
Police; (c)
in the
presidency-town of Bombay, of a Superintendent of Police; and (d)
elsewhere,
of a Deputy Superintendent of Police,shall investigate any offence punishable
under Section 161, Section 165 or Section 165-A of the Indian Penal Code or
under Section 5 of this Act without the order of a Presidency 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
Presidency 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 5
shall not be investigated without the order of a police officer not below the
rank of a Superintendent of Police. (2)??
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
sub-section (1) 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
person 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 sub-section: Provided that no power under this sub-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 sub-section, the expressions ?bank? and ?bankers' books? shall
have meanings assigned to them in the Banker's Books Evidence Act, 1891.] [20][(1)] No Court shall take cognizance of an offence punishable under
Section 161 [21][or
Section 164] or Section 165 of the Indian Penal Code or under sub-section
(2) [22][or sub-section (3-A)] of
Section 5 of this Act, 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 [23][Union]
and is not removable from his office save by or with the sanction of the
Central Government [24][*
* *], [25][of the] Central
Government; (b)
in the
case of a person who is employed in connection with the affairs of the [26][a
State] and is not removable from his office save by or with the sanction of the
State Government [27][*
* *], [28][of the] State Government; (c)
in the
case of any other person, of the authority competent to remove him from his
office. [29][(2) Where for any reason whatsoever any doubt arises whether the
previous sanction as required under sub-sanction (1) should be given by the
Central or 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.] Notwithstanding anything contained in the Code of Criminal Procedure,
1898, when an accused is charged with an offence under clause (c) of sub-section (1) of Section 5,
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 234 of the said Code: Provided that the time included between the first and last of such dates
shall not exceed one year.] Any person charged with an offence punishable under Section 161 or
Section 165 [31][or
Section 165-A] of the Indian Penal Code or [32][*
* *] Section 5 of 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 on 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 questions 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 provisions of the Code of Criminal Procedure, 1898, shall, in their
application to any proceeding in relation to an offence punishable under
Section 161, S. 165 or Section 165-A of the Indian Penal Code or under Section
5 of this Act, have effect as if,? (a)
in
sub-section (8) of Section 251-A, 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 Magistrate 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 (1-A) of Section 344, after the second 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 435 has been made by a
party to the proceeding.?; (c)
in
sub-section (1) of Section 435, before the Explanation, the following proviso
had been inserted, namely? ?Provided that where the powers under this sub-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 proceeding? (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 proceeding may be made
from the certified copies thereof; and in any case, the proceedings, before the inferior Court shall not be
stayed expect for reasons to be recorded in writing.?; (d)
after
sub-section (2) of Section 540-A, the following sub-section had been inserted,
namely? ?(3) Notwithstanding anything contained in sub-section (1) or
sub-section (2), the Judge or Magistrate 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.?] 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 Section 161 or Section 165 of the Indian Penal Code or
under sub-section (2) of Section 5 of this Act, 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 165-A of the said Code.] [1] Subs. for the former sub-section (2)
by A.L.O., 1950 (w.e.f. 26-1-1950). [2] Subs. for ?except Part B States? by
the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 & Sch. (w.e.f.
1-4-1951). [3] Sub-section (3)
was omitted by the Prevention of Corruption (Amendment) Act, 1957 (7
of 1957), S. 2 (w.e.f. 29-3-1957). Prior to omission it read as: ?(3) Section 5 shall remain in force for a period of ten
years from the commencement of the Act.? [4] The words and figures ?Section 161 or
Section 165 or? were omitted by the Prevention of Corruption
(Amendment) Act, 1955 (50 of 1955), S. 2 (w.e.f. 1-1-1956). [5] Ins. by the Prevention of Corruption
(Second Amendment) Act, 1952 (59 of 1952), S. 2 (w.e.f. 12-8-1952). [6] Ins. by the Prevention of Corruption
(Second Amendment) Act, 1952 (59 of 1952), S. 2 (w.e.f. 12-8-1952). [7] Section 4 was renumbered as
sub-section (1) of that section by the Prevention of Corruption (Second
Amendment) Act, 1952 (59 of 1952), S. 3 (w.e.f. 12-8-1952). [8] Section 4 was renumbered as
sub-section (1) of that section by the Prevention of Corruption (Second
Amendment) Act, 1952 (59 of 1952), S. 3 (w.e.f. 12-8-1952). [9] Proviso was omitted by Act
59 of 1952, S. 3. Prior to omission it read as: ?Provided that the Court may decline to draw such
presumption if the gratification or the thing aforesaid is, in its opinion so
trival that no inference of corruption may fairly be drawn.? [10] Sub-sections (2) and (3) were ins.
by Act 59 of 1952, S. 3. [11] Ins. by the Anti-Corruption
Laws (Amendment) Act, 1964 (40 of 1964), S. 6 (w.e.f. 18-12-1964). [12] The words ?in the discharge of
his duties? omitted by Act 40 of 1964, S. 6 (w.e.f. 18-12-1964) [13] Ins. by Act 40 of 1964, S. 6 (w.e.f.
18-12-1964). [14] Ins. by Act 40 of 1964, S. 6 (w.e.f.
18-12-1964). [15] Ins. by Act 40 of 1964, S. 6 (w.e.f.
18-12-1964). [16] Words ?in the discharge of his
duties? omitted by Act 40 of 1964, S. 6 (w.e.f. 18-12-1964). [17] Subs. for sub-sections (2-A) and (3)
by Act 40 of 1964, S. 6(2) (w.e.f. 18-12-1964). [18] Subs. for original sub-section (4) by
Act 59 of 1952, S. 4 (w.e.f. 12-8-1952). [19] Subs. for original sub-section (4) by
Act 59 of 1952, S. 4 (w.e.f. 12-8-1952). [20] Subs. for original sub-section (4) by
Act 59 of 1952, S. 4 (w.e.f. 12-8-1952). [21] Ins. by the Prevention of Corruption
(Amendment) Act, 1955 (50 of 1955), S. 3 (w.e.f. 1-1-1956). [22] Ins. by Act 40 of 1964, S. 6(4)
(w.e.f. 18-12-1964). [23] Subs. for ?Federation? by A.L.O.,
1950 (w.e.f. 26-1-1950). [24] The words ?or some higher authority?
were omitted, by A.L.O., 1950 (w.e.f. 26-1-1950). [25] The words ?or some higher authority?
were omitted, by A.L.O., 1950 (w.e.f. 26-1-1950). [26] Subs. for ?a Part A State? by the
Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Schedule (w.e.f.
1-4-1951). [27] The words ?or some higher authority?
were omitted, by A.L.O., 1950 (w.e.f. 26-1-1950). [28] Ins. by the Repealing and
Amending Act, 1949 (40 of 1949), S. 3 and Schedule (w.e.f. 1-5-1949). [29] Sub-section (2) was ins. by Act
59 of 1952, S. 6. [30] Ins. by Act 40 of 1964, S. 6(5)
(w.e.f. 18-12-1964). [31] Ins. by the Prevention of Corruption
(Second Amendment) Act, 1952 (59 of 1952), S. 7 (w.e.f. 12-8-1952). [32] Ins. by the Prevention of Corruption
(Second Amendment) Act, 1952 (59 of 1952), S. 7 (w.e.f. 12-8-1952). [33] Ins. by Act 40 of 1964, S. 6(7)
(w.e.f. 18-12-1964). [34] Ins. by the Criminal Law Amendment
Act, 1958 (2 of 1958), S. 3 (w.e.f. 27-2-1958).Prevention of
Corruption Act, 1947 [Repealed]