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STATEMENT OF OBJECTS AND REASONS

Prevention of Corruption Act, 1988 · source PDF pages 20

Source citation: STATEMENT OF OBJECTS AND REASONS, Prevention of Corruption Act, 1988 (Act No. 49 of 1988), Source appendix, Central source snapshot, source PDF pp. 20; snapshot SHA256 7696d19f33678c31a805f8acb05ac115f73229a0c75b0c0ca134dc34f3effca7 (current applicability unverified)

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                             STATEMENT OF OBJECTS AND REASONS

     The Bill is intended to make the existing anti-corruption laws more effective by widening their
coverage and by strengthening the provisions.
     2. The Prevention of Corruption Act, 1947, was amended in 1964 based on the recommendations of
the Santhanam Committee. There are provisions in Chapter IX of the Indian Penal Code to deal with
public servants and those who abet them by way of criminal misconduct. There are also provisions in the
Criminal Law Amendment Ordinance, 1944, to enable attachment of ill-gotton wealth obtained through
corrupt means, including from transferees of such wealth. The Bill seeks to incorporate all these
provisions with modifications so as to make the provisions more effective in combating corruption among
public servants.
     3. The Bill, inter alia, envisages widening the scope of the definition of the expression "public
servant". incorporation of offences under sections 161 to 163A of the Indian Penal Code, enhancement of
penalties provided for these offences and incorporation of a provision that the order of the trial court
upholding the grant of sanction for prosecution would be final if it has not already been challenged and
the trial has commenced. In order to expedite the proceedings, provisions for day-to-day trial of cases and
prohibitory provisions with regard to grant of stay and exercise of powers of revision on interlocutory
orders have also been included.
     4. Since the provisions of sections 161 to 165A are incorporated in the proposed legislation with an
                                                                   e
enhanced punishment, it is not necessary to retain those sections in the Indian Penal Code. Consequently,
                                                             od
it is proposed to delete those sections with the necessary saving provision.
     5. The notes on clauses explain in detail the provisions of the Bill.
                                                         aC
                                                  di                              P. CHIDAMBARAM.
   NEW DELHI;
                                              In
The 20th February, 1997




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