 the criminal law amendment bill, 1957 (as introduced in lolc sabra)  the crimin at law amendment bill, 1957 (as introduced in lox sabra) a billfurther to amend the india71 penal ~f the prevetltion ()1 corruptt<m act, 1947, a7ld the crimi7lal law a17u!m17ie7it act, 1982 be it enacted by parliamel1t in the eighth year of the republic of india as follows:-1 this act may be called the crimmal law amendment act, sbort title 1957 5 2 in section 21 of the indian penal code,-ameddment of lcicdon ax (a) after clause eleventh, taefol1owing clause shall be act 5 of 1860 inserted, namely:-10 "twelfth-every officer in the service or pay of a local authority or of a trading corporation established by a centr'al, provincial or state act or of a governmellt c'ompany as defined in section 617 of the companies act, 1956"; i of 19,6 (b) after explanation 3, the following ezpl4mtton ,hall be inserted, namely:-'explanation 4-the expression "trading corporation" in-is eludes a banking, insurance or ftnancial corporation, a river valley corporation and a corporation for supplying power light or water to the public,  3 in the prevention of corruption act, ]947,-amendmmt of act ~ of 1947 (a) in section ~, for sub-section (2), the followiqg sub-sections shall be substituted, namely:-"(2) any public servant who commits cr iminal misconduct in the discharge of his duty shall be punishable with 5 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 i)l writing, refrain from imposing a sentence of impri- 10 sonment or impose a sentence of imprisonment of less than one year (2a) where a sentence of fine is imposed under sub-section (2) the court, in fixing the amount of fine, shall take iuto consideration the amount or value of the property which the 15 accused person has obtained by committing the offence of criminal misconduct or where the conviction is based on the presumption under sub-section (3), the pecuniary resources or property referred to in that sub-section for which the accused person is unable to account satisfactorily"; 20 (b) after section 7 the following section shall be inserted, namely:-statement by bribe !river not to iubject him to prosecution ,"8 notwithstanding anything contained in any' law for the time being in force, a statement made by a person in any proceeding !l!gainst a public servant for an offence under sec- 25 tion 161 or section 165 of the indian penal code or under 4s of 1860 sub-section (2) of section 5 of this act, that he offered or agreed to offer any gratification (other than legal !'emuneration) or any valuable thing to the public servant, shall not subject such person to a prosecution under section 165a of 30 the said code" ameudment  4 in the criminal law amendment act, 1952, in section 8, after tc:~~f i, sub-section (3), the following sub-section shall be inserted, namely:-19,2 "(ja) in particular, and without prejudice to the generality of the provisions contained in sub-section (3), the provisions of 35 section 350 of the code of criminal procedure, 1898, shall, so far s of 1898 as may be, apply to the proceedings before a special judge, and for the purposes of the said 'provisions a special judge shall be deemed to be a maiistrate"  statement of objects and reasonsexperience gained from the efforts made by government to deal with the evil of corruption in the public services has revealed the need for some amendments in the criminal law it is necessary to bring within the scope of the anti-corruption law the employees of statutory trading corporations and government companies, and also to ensure that adequate punishment is a\wlrded in cases of proved corruption and that the prosecution of such cases is not unnecessarily delayed the present bill is designed to achieve these objects g b pant new delhi; the 29th november, 1957 clause 2-tbe scope and variety of government's activities are rapidly expanding and a great deal of public money and pubuc property is now managed by statutory authorities and government undertakings measures to prevent and combat corruption are no less necessary in this field than in the case of activities conducted directly through government channels the extension of the definition of upublic servant", as proposed in this clause, will bring the employees of such bodies under the purview of the indian penal code and the prevention of corruption act clause 3(a)-experience has shown that there is a tendency among the courts to deal too leniently with public servants convicted under the prevention of corruption act even where imprisonment is awarded, the period is frequently too small to have adequate punitive or deterrent effect and the amounts of fine imposed are frequently grossly incommensurate with the corrupt gains subclause (a) of clause 3 will result in ensuring that adequtbte punishment is awarded in cases of proved corruption clause j (b) -since the introduction of section 165a of the indian penal code, persons offering illegal gratification to public servants have become more 'reluctant to come forward to give evidence this is because on his own admission in court such a person becomes liable for prosecution under that section this clause will afford the necessary protection to the persons whose evidence has been utilised in court for the prosecution of corrupt public servants clause 'i-section 350 of the code of criminal procedure permits a magistrate who has to deal with a case which bes already been partly heard by another magistrate to act on the evidence recorded by his predecessor under the criminal law amendment act, 1952, offences relating to corruption have to be tried by special judges who follow the procedure applicable to warrant cases conflicting views have been expressed by different high courts on the question whether a special judge dealing with a case partly heard by another special judge can act on the evidence recorded by his predecessor this clause is intended to place the matter beyond doubt  annexure extracts from thi: indian penal code, l8fto (act no 45 of 1860)     21 the  words "public servant" denote a person falling under"pubuc au-'fiiito' any of the descriptions hereinafter followin&, d8dlely:-     second-every commissioned officer in the military, naval or air forces of india; third-every judge; fourth-every officer <)f a court of jllc;tice whose duty it is as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judiciel process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorized by a court of justice to perform any of such duties; fifth-every juryman, assessor, or member of a panchayat assisting ii court of ,justice or public servant; sixth-every arbitrator or other person to whom any cau8e or matter has been referred for decision or report by any court of ju tice, or by any other competent public authority; seventh-every person who holds any office by virtue of which he is empo~ered to place or keep any person in confinement; eighth-every officer of the government whose duty it is as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; ninth-every officer whose duty it is, as such officer, to tak'e, receive, keep or expend any property on behalf of the government, or to make any survey, assessment or contract on behalfof the government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the government, or to make, authenticate or keep any document relating to the pecuniary interests of the government, or to prevent the infraction of any law for the protection of the pecuniary interests of the government and every officer in the service or pay of the government or remunerated by fees or commission for the performance of any public duty; tenth-every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any surveyor assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; eleventh-every person who holds any office in 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  llhutrationa municipal commissioner is a public servant ezplanation i-persons falling under any of the above descriptions are public servants, whether appointed by the government or not ezplanation 2-wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation explanation 3-the word "election" denotes an election for the purpose of selec~g members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election  - - - - - - - - - cnminal 5 (1) a public servant is said to commit the offence of criminal ~~:'~c misconduct in the discharge of his duty-~~t)'~aj (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 4s of j86o (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 trans-~cted 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 (2) any public servant who conlmits criminal misconduct in the discharge of his duty shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both  - - - - - 5 of 18911 extracts from the criminal law amendment act, 1952 (46 of 1952) - - - - 8 (1) a special judge may take cognizance of offences without procedure the accused being committed to him for trial, and in trying the ~?d ~ accused persons, shall follow the procedure prescribed by the code juciga of criminal procedure, 1898, for the trial: of warrant cases by magistrates (2) a special judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly ~on­cerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof: and any pardon so tendered shall, for the purposes of sections 339 and 339a of the code of criminal procedure, 1898, be deemed to have been tendered under section 338 of that code (3) save as provided in sub-section (1) or sub-section (2), the provisions of the code of criminal procedure, 1898 shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge; and for the purpoaes of the said provisions, the court of the special judge shall be deemed to be a court of session trying cases without a jury or without the aid of assessors and the person conducting a prosecution before a special judge shall be deemed to be a public prosecutor (4) a special judge may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted  - - - -  a billfurther to amend the indian penal code, the prevention of corruption act, 1947, and the criminal law amendment act, 1952 (shri gofjind ballabh pant, ,minister of home ajjairs) 