 the prevention of corruption bill, 1881 , ,  arrangement of clauses, -  chapter i  " pulimin\ry  " chaprer ii appoint,iadrr 'of spiaa1 juixia3 power to appoint special judges", 4 cases triable by spedal judges 5 procedure and powers, of specia~ juclge 6 pow~l' to try summarily i " chapter iii ' -'   offences and penalties7 public servant taking gratification other than legal remuneration in respect of an official act 8 taking gratification, in order, by corrupt or illegal mean!;, to influence public servant '9 taking gratification, for exercise of personal influence with public servant 10 punishment for abetment by public servant of offences defined in section 8 or 9 u public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant 12 punishment for abetment of offences defined in section 7 or 11 13 criminal misconduct by a public servant 14 habitual committing of offences under sections 8, 9 and 12 15 punishment for attempt 16 matters to be taken into consideration for fixing fine  chapter iv investigation into casrs under the ar:r17 persons authorised to investigate 18 power to inspect bankers' books c:&ausu 19 previous sanction necessary for prosecution 20 presumption where public servant accepts gratification othor than legal remuneration i 21 accused person to be a competent witness   the code of criminal procedure, 19'73 to apply aubjeet to c:e:taid modifications 23 particulars' in a charge in relation to an offence udder section i ' 13 (1) (c) 24 statement by bribe eiver not to subject him to p1'olfecution 25 military naval and air force or other law not to be atrected  special judglee appointed under act 48 of 1952 to be special judges appotnted under this act, 27 appeal and revision 28 aet to be in addition to any other law 29 amendment of ordinance 38 of 1944 ~ 30 repeal and saving 11 omission of certain sections of act45t 01 1860  billfo consolidate and atneftd the law ,14ti"f1 to the prevention of eot'1'uptloft and 1m matters connected thet'ewith, be it enacted by parliament in the thirty-eighth year of the repubtic: 9t ladia ii followl:- chapt!r t pdj,dalfall'i' 1 (i) thls act may be called the prevention of corruption act, 1981 sbort dtle (2) tt extends to the whole of india exeept the state ot jammu and add kashmir and it applies a1lo to all citizens of india outside india  extodt z in this act, unless the context otherwise req~,-deftdl· tions 0 (4) "election" means any election, by whatever means held, under any law for the purpose of se1ectklg members ot parliament or of any legislature, local authority or other public authority; (b) '-public duty" means a duty in the diseh~ge of ~h1eh the state, the public or the community at large has an fnte'rest: explanation-in this clause "state" includes a corporatioll 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 a government company as defined in section 617 of the companies act, 1956; 5 1 of 19''-(c) "public servant" means-(i) any person in the service or pay of the government or remunerated by the government by fees or commission for the performance of any public duty; (ii) any person in the service or pay of a local authority; 10 (iii) any person in the service or pay of a corporation estab· lished by or under a central, provincial or state act, or an authority or a body owned or controlled or ai¥ by the government or a government company as defined in section 617 of the companies act, 1956; '15 1 of t951 (iv) any judge, including any person empowered by law to discharge, whether by himself or as 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 the administration of justice, incllld- 110 ing a liquidator, receiver or comtnissioner appointed by such court; (vi) any arbitrator or other person to whom any cause or matter~as bren referred for decision or report oy'a court of ,,~~ce or~t'!l competent public authority; 25 (vii) 'any person who holds an "t1lee by virtue of wb1ch he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or'part of an e1ection; ·r :, •• (viii) any person who holds an office by virtue of whkh he isau'thorised 6r ~tiired' to'peworitirarly· pu6ue: 'daty~ " so ,  (i,r) any person who is the president, secretary or other 1 of 1111, 'j " oftic~bearer of a registered co-pp~r~~!ye ~~~ety en,aaed ~nagrk culture, industry, trade orban1ting;recei~g9r havill' ~ceivea any financial aid from the central gove:mmerlt or a' ~ oovm' ernment or from any ~~"jestablished by or under a 35 central, provincial or state act, or any authority or body owned or controlled or aided b1'the"l: gbvernment or a government 'w'; e9~ny a,s, ~~ned i~ ts~:~tiodr 617, 9£ tj'lt; cqm~a~i~b,ac:t!'j9~~; (x) any person who is a chairman, member or employee h'of ', service 'commiarion or' bbard, 'by whate:vej: :name ca11~ 40 or at membetof any selection committee, appointed by aw::h commission or board for the conduct of any examination or making any sele(:tion on behalf of such comm~ssion or, board; ,-   ,", ~  ','  _ ' ' ;' _ , " (xi) any person who ~s a vice-chancellor or member of any  ~ ( ;~:'(i g(jveffflng  body, i~'r()fe$sor,"~eadet;]ecturer'i6r at1~h')lher teacher 45 t"~~';~ployee;by whatbverdeslgriatioricallm,bf 'anyulliferatty 8n(fany person whose semees have been' 80vailed of bya ,' l unk,e(8iity ~,!~ other pubijq autbcj)t~ty  in ,~qnn~tion; with ho~:l()l' conducting· exatnhlt1tions; 1 ' ~ (xii) any person who is an oftlce-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the central government or any state government, or local or other public authority 5 expzafl4ticm i-persons falling under any of the above subclauses are public servants, whether appointed by the government or not explanation 2-wherever the words "public servant" occur, they 0 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  chapter ii appointment of special judges15 3 (1) the central government or the state government may, bj notification in the omcial gazette, appoint as many special judges as may be necessary for such area or areas or for such case or group of cries-as may be specified in the notification to try the following offences, nam~jy:-power to appoint special judges (a) an offence punishable under section 7 to 9, 11, 13 and 14; go and - (b) any conspiracy to commit or any ~ttempt to commit or any abetment' of any of the offences specified in clause (a) (2) a person shall not be qualified for appointment as a special judge under this act unless he is or has been a sessions judge or an additional 25 sessions judge or an assistant sessions jud,ge under the code of criminal 2 of 197~ proc~dure, 1973 ,- (1) notwithstanding anything contained in the code ofc~al 2 of 197t procedure, 1973, or in any other law for the time' being in force, the offences specified in sub-section (1) of section 3 shall be tried by special 30 judges only cases triable by special ludges {2) every offe~ce specified iti sub-section (1) of section 3 shall be tried by the special judge for the area 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 35 them as may be specified in this behalf by the central government (3)-when'trying any case;'a specihl judge may also try any-offenee, other than an offen:ce specifted in sectiol'i 3, with which the accused may; 2 of 1974 under the code of criminal ptoceciure, 1973, be charged at the same trial 2 of 19'14 (4) notwithstanding anything contained in the code of criminal pro-40 cedure, 1973, a special judge shall, as far as- practicable, hold the trial of an o-ffe'l1ce on day-to-day basis 5 (1) a special judge may take cognizance of offences without the accused ,being committed to him for trial and, in trying the accused perf,ons shall follow the procedure prescribed by the code of criminal 2 or 1t'7" 45 procedure, 1973, for the trial 01 warran" t:ases by magistrates procedure and powers of special ludge (2) a special judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned 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, 5 whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of section 308 of the code of criminal procedure, 1973, be deemed to have been 2 of 1974 tendered under section 307 of that code (3) save as provided in sub-section (1) or sub-section (2), the 10 provisions of the code of criminal procedure, 1973, shall, so far"'as they 2 of 1974 are not inconsistent with this act, apply to the proceedings before a special judge; and for the purposes of the said provisions, the court of the special judge shall be deemed to be a court of session and the person conducting a prosecution before n special judge shall be deemed to be 15 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, shall, so far as may be, apply 2 of 1974 to the proceedings before a special judge and for the purposes of the ao said provisions, a special 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 for the punishment of the offence of which such person is convicted ! l (6) a special judge, while trying an offence punishable under this act, ~3 shall exercise all the powers and functions exercisable by a district judge under the criminal law amendment ordinance, 1944 ord 38 of 1944 6 (1) where a special judge tries any offence specified in sub-section power to try summarily (1) of section 3, alleged to have been committed by a public servant in relation to the contravention of any special order referred to in sub-section 30 (1) of section 12a of the essential commodities act, 1955 or of an 10 of 19m, order r~ferred to in clause (a) of sub-section (2) of that section, then, notwithstanding anything contained in sub-section (1) of section i 5 of this act or section 260 of the code of criminal procedure, 1973, the special 2 of 1974 ~  , juclie shall try the offence in a summary way, and the provisions of 35 flections 262 to 265 (both inclusive) of the said code shall, as far as may be, apply to suc~, trial: provided that,· in the case of any conviction in a summary trial under thl& &ection, it shall be lawful for the special judge to pass a sentence of imp~isonmeni for a term not exceeding one year: provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the special judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special jttd~ 45 sl llill , after hearing the parties, record an order to that ,effect and the-reafter recall any witnesses who may ba\'e been examined add pro~~ed to bear or re-hear the case in accordance with the procedure prescribed by  the laid code for the trial of warrant easel by magistrates 20f 1974 (2) notwithstanding anything to the contrary contained in this act or in the code of criminal procedure, 1973, there shall be no appeal by , a convicted person in any case tried summarily under this section in which the special judge passes a sentence of imprisonment not exceeding 10 of 1955 one month, and of fine not exceeding two thousand ru~ whether or not any order under section 452 of the said code is made in addition to such sentence, but an appeal shall lie where any s:entence in excess of 30 of 197 the aforesaid limits is passed by the special judie 10  chapi'er iii offences and penalties7 whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for 1 s himself or for any other ~on, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbe8rlng to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the public servant lakin, aratiftcation other than jcpl reulimoration ia reepect of an omclal 20 cpiltral government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall, be punishable with imprisonment which shall be not less than six months but which may extend to act 25 five years and shall also be liable to fine explanations- (a) "expecting to be a public servant" u a person not expecting to be in office obtains a gratification by deceiving others into a' belief that he is about to be in oftice, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in 30 this section; (b) "gratification" the word "gratification" is not restricted to pecuniary gratifications or to gratifications estimable in money; (c) "legal remuneration" the words "legal remuneration" are not restricted to remuneration which a public servant can lawfully demand, 35 but inclu~ au remuneration which he is permitted by the government or the organisation, which he serves, to accept; (d) cia motive or reward for doing" a person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression; 40 (t) where a public servant induces a person erroneou8~ to believe that his influence with the government has obtained a title for that person and thus induces that person· to give the public servant, money or any other gratiftcation as a reward for this service, the public servant has committed an offence under this section 'akin, gratification in by corrupt or illegal means, to influence public servant taking il'atifica-ilio:1 for exercise of per-iodal influence with public servat t whoever accepts or obtains, or agrees to accept, or attempts to obtain, :from any person, for himself or for any other person, any gra+'ification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant, whether named or otherwise, to· do or to forbear to do any official act, or in the exercise of the official functions of s such public s:ervant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the central government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any 10 public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine 9 whoever accepts or obtains or agrees to accept or attempts to ob: tain, from any person, for himself or for any other person, any gratifica- 1 s tion whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant whether named or otherwise to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice 20 to any person with the central government or any state government or parliament or the legislature of any state or with any local authority, ('(lrporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six 25  months but which may extend to five years and shall also be liab~ to fine 14) whoever, being a public ~('rvant, in respect of whom either of the offences defined in section 8 or section 9 is committed, abets the offence, whether or not that offence is committed in consequence of that abetment, shah be punishable with imprisonment for a term which shall be not 30 less than six months but which may extend to five years and shall also be liable to fine puni" rrtem for al!etment by pabiic servant· of offe1lcea defined in section 8 or 9 public "ivant obtaining valuable thing, without consideration from 11 whoever, being a public servant, 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 3s knows to be inadequate, from any person whom he knows to have been or to be, or to be likely to he concerned in any proceeding or business transaeted or about to be transacted by such public servant, or having any connection with the official function&of himseu or of any public servant to whom he is subordinate, or from any person whom he knows to be 40 interested in or related to the person 80 concerned, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine 12 whoever abets any offence punishable under section 7 or section 11 whether or not that offence is committed in consequence of that abet; 45 ·ment, shall be punishable with imprisonment for a term which shall be ;·:not less than six months but which may extend to five years and shall also be liable to fine i ' ~ period conc:emed in proceed-  ing or business trannctcd byauch public i«v8dt puniabment for 'j abetment of' offences de8ded in mctiod 'lor 11 13 (1) a public servant is said to commit the offence of criminal c":-l-al_ a:wicodduet,~ mi,-coaduct bya r' public servant ii ~ i (4) if he habitually accepts or obtains or agj:ees to accept or attempts to obtain from any person for himself or for any other person anyl1'ati1ication othej: than legal remuneration as a motive or reward auea as is mentioned in section 7; or (b) if he habitually accepts or obtains or agrees to accept or 10 a~tempts to obtain for himself or for any other person, any valuable thida without consideration or for a consideration which he knows to be 1i1adequate from any person whom he knows to have been or to be or ~ be likely to be concerned in any proceeding or busineas ~~ or about to be tr~ted by him, or having any connectiod 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 nlisappropriates or otherwiae  converts for his own use any property· entrusted to him or uilder hia ccmtroj eb a public servant or allows any other person so to do; or (d) if be,-'20 (l) by corrupt or illegal means, obtains for himself or tor any other person any valuable thidg or pecuniary advantage; or (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or  25 (iii) while holding oflice as a public servant" obtains for any person any valuable thing or pecuniary advantage without any public interest; or <e) if he or any person on his behalf, is in possession or has, at  any time during the period of his office, been in possession for which 30 the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income e,lcm4ticm-for the purposes of this section, "known sources (if idcolde" meads income received from any lawful source and such receipt hat been intimated in accordance with the provisions of any law, rules 35 or orders for the time be!ng applies hie to a public servant (2) any public servant who commits criminal misconduct shall be pwiahable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to ftne 14 whoever habitually commits,-(a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12, habitual committjill of odiedce j iihall be punishable with imprisonment for a term which shall be not ::as - • leas than two years but which may extend to seven years and shall also 8, ii 8dc:i j be liable to fine, 12 16 whoever attempts to commit an offence referred to in clause (e) puaiib· dr e1auae (d) of sub-section (1) of section 13 shall be punishable with meat for imprisonment for a term which may extend to three years and with fine attetllpt 16 where a sentence of fine is imposed under su~uon (3) lot section 13 or section 14, the court in fixing the amount of the~,~t~· take into consideration the" amount or the value of the property, u any, which the accused person has obtained by committing the ofleace or where the conviction is fllr an offence referred to in clause (e) of sub-5 section (1) of section 13, the pecuniary resources or property refeited to in that clause for which the accused person is unable to aeeotmt satisfcu;toril y  cha~ ivj' \  investigation int-g cases under thb act10 u notwit~nding anything contained(n the code of criminal 'proced\lr~ 19~3, no police officer below the rank,-2 et i" • " ' (a) in the case of the dellii special police ~~~u~}lj~~~~, qf an inspector of police; (l?) ill the ~tfo~litan qj'e8s of aorn~ ca1~uua ~ud 15 ~~apad and in any other metrqpqlitan ~ no~ed ,sa' ,mob under sub-section (1) of section 8 of the code of criil)i,~ p~ure, 1973, of an assistant com~issioner of police; ~ 11'74 (c) else;whefe, q~, a ~~~u~y s:¥~rinteaaent~ ~q~;~'jpoltee officer of equivalent rank, 20 sha~ !nvestib~te any oftence punishable under this act without-tbe ,order (if a metropolitan magistrate or a magistrate of the ftrstcla8, u tile case ma;y be, or mak~ ally arr~tthe:r;'ef')r without a w~rapt: pr-ovided that if, a police 'officer not below the rank of an inspector of police is authorised by the state government in this behalf by!j5 general or special, order, he il¥ly also investigate any sl1cp offence wi~qljt the order of a me~opoli~ ~i!,gistrate or a mag~~  qt ~ first, cjjw~, as tl;le ca5e may be, or make aj,test thtu:9f9j;' w~t, warrant: provided furtaer that an offence referi'ed to in daum (e) of -__ so section (1) of section 13 shall not, be investigated without the order" , a police ofticer  not below the rank of a superintendent of poltce 18 if from mforllultion, r(;((:iveo or otherwise, a poli,ce ofb~ h,¥\ re8sq,~ to syspe~t the commiss~on of an offence whi~h he is, ~jxlw~, to investii~e unc;ler section 17 ajld considers that for ~e p~ 0(, investigation or inquiry into such offence, it is necessary to inspeet any" bankers' books, then notwithstanding anything contained in any law  for the time being in force, he may m~t any bankers' books 1ft  far a~ they relate to the accounts of the persons suspected to have committed that offence or of any other person suspected to be holding money 40 on bt:half of such person, and take or cause to be taken certijie4 copies of the relevant entries therefrom, and the bank concerned shan be bound to assist the police officer in the exercise of his powers under this section: provided that no power under this section in relation to the &ccouau of any person shall be exercised by a police officer below the rank of a, 45 suferintendent of police, unless he is specially authorised in this behdf by is police officer of or above the rank of a superintendetlt of pollee ezplomtion-ir this section, the expressions "bank" and "bankers' ~  , ifltolliave thfr1ileanbtgs ~vely assigned to them in the bankers' books evidence act, 189i  chapter v 5 sanction for prosecution and other mistellaneotrs provisrons~ aactlo oec:e-j for _ 'q~(1)no court shall take cognizance of an offence punishable unc1er uoiij· '7, 10, 11, 13 and 15 alleged to have been comiriitted by a public servant,' except with the previous sanction,-euuoa (4) in the ease of a person who is employed in connee'tionwith 10  t'tti 8f!afts' of' uie ttnfon and is' not removable from htl dmee ave "by'" "br"" with the sanction of the central government, of that gmrefn intat; '(b) in _ cae of "a person who is employed in eonnection wttb the affairs of a state and is not removable from hit oftlce lave by 15 or with the sanction of the state government, of that government; (e) in the case of any othet person; of theauthotity competent to ftmove 1wn from his offtce 't!) where for any reason whatiloever any aoubt arises as to ""'ether - twevtouii sanction as required under sub-section (1) should be gtv~ by 20 the i ($rrtoral govertrment or the state government or any other imhom;;' ftti~ slinetion snall be ¢v'enbv that government or authorlty which would have been competent to remove the public servant fi'om ius"" offtce at the time when the offence was alleged to have been com· mjtteod 25 (f/l notwft'h!ltandhig anything contained in the code of crlmmal 2,, 1974 ptocmure 1913,- (~) no findln~, sentence or or-der passed by a special jud~e shall  be reversed or altered by a court in aopeal confirmation or revfsion " on the ground of the absence of or any error omission or irre~larlty 30 in, the sanction reauired under subsection (1) unless in the> oplnfon of that court, a fanure of justice has in fact been occasioned thereby; (b) no cou!"t !'ih!!1t "tav the pr,:ceedin£>''!! ":-,dt'r this act on 'h~ ground of any error, omission or irre~larity in the sanction ~anted by the authclrity unless it is satisfied that such error, omission or 35 irregularity has resulted in the failure of justice; (c) no court shall stay the proceedings under this act on any other ground and ne court shan exerrise the powers of revision in relatfon to any interlocutory order passed in any inquiry trial iiippeal" or other proceedings 40 (4) in determining under sub-section (3) whether the absence "f, or any error, omission or irregularity in, suc'h sanction has occasioned or tesultedtn a tshure of iustfce the court shall have re~rd to the faet whetlil"t' the ob1edion could and should hav'e been raised at any p!!!!fc!r stage in the !'roceedings, ltip£cznatwn-for the plilrposes of this section,-(4) error includes competency of the authority to grant eanatioqi (b) a sanction required for pro~ution includes reference to any requirement that the prosecution shall be at the instance of - specified authority or with the sanction of a specified person or 5 any requirement of a similar nature preeumptfod wiaere )mihi1c  acc:epca il'n1",,, ocher thad l8p1 reiil1ii'l doll zoo (1) where, in any trial of an offence punishable under section 'i or section 11 or clause (a) or clause (0) of sub-beetlon (1) of section 13 it is proved, that an accused person has aeceptled or obtained or has agreed to accept or attempted to obtain for hfmielf, or 10 for any other person, any graufication (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 thtng,as the cue may be, as a motive or reward such as is mentioned in section '7 or, 88 15 the c8!:e may be, without consideration or for a consideration which he knows to be inadequate (2) where in any trial of an offence punishable under seetlon 12 ilr under clause (b) of section 14, it is proved that any grattftcatiod (other than legal remuneration) or any valuable thing has been glvell 01' 110 offered to be given or attempted to be given by an accused penon, it shall be presumed, unless the contrary is proved, that he gave or otrered to give or attetnpfed to give that gratification or that valuable thing •• the case may be, as a motive or reward such as is mentioned in section 7, or, as the case may be, without consideration or for a consideration whleh a5 he lmows 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 gratlfication or thing aforesaid is, in its opinion, so trival that no inference of corruption may fairly be drawn :40 ac:cusod 21 any person charged with an offence punishable under this act, shall be a competent witness for the defence imd may give evldenee 011 oath in disproof of the charges made against him or any person eharged together with him at the same trial: -porion to boa coa1ptlflet wftaeis, provided that-(a) he shall not be called as a witness except at 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 luly presumption against himself or any person charged together with him at the lame trial; 40 (c) be shall not be asked, and if asked shall not be req~ired to answer, any question tending to show that he has commit~ed or been cnnvicted of any offence other than the offence with which he is charged, or is of bad character, unless-(i) the proot that he has committed or been convi~ed of such 45 offence is admissible evidence to show that he is guilty of the offence with which he is charged, or (u) be bas personally or by his pleader _eel any quest10da of any witness for the prosecution with a view to eatabl1'lh bta own good character, or has given evidence of his good character, or the natw'e or conduct of the defence is such as to involve 5 imputations on the character of the prosecutor or of any witness for the prosecution, or (iii) he has given evidence against any other penon charged with the same offence 11ao0ddeof crimiaal pr"''-e, 1"3 to apply do jec:l1d certaia mocuicatioa ii the provisions of the code of criminal proceciw'e, 1973, shall in 10 their appueation to any p~g in relation to an offence punishable under this act have effect as if-(a) in sub-~tion (1) of section 243, for the words "'the accueed than then be called upon", the words "the accused shall then be r qu1red to give in writing at once or within such time as the court 15 may allow, a list of the persons (if any) whom he proposes to examine as his witneaes and of the documents (if any) on wbteb hie proposes to rely and he shall then be called upon" had been substttuted; (b) in sub-section (2) of section 309, after the third proviso, the following proviso had been inserted, namely:-"provided also that the proceeding shall not be acljouraed or postponed merely on the ground that an appucation under section 397 bas been made by a party to the proceeding"; (e) after sub-lection (2) of section 317, the following sub-section 115 bad been inserted, namely:-"(3) notwithstanding anything contained in s\,1b-section (1) or bub-section (2), the judge 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"; (d) in sub-section (1) of section 397, before the ezpzanc&tion the following proviso had been inserted, namely:-"provided that where the powers under this section are  35 cised by a court on an application made by a party to such proceedings, the court shall not ordinarily call for the record of the proceedings: - (4) without giving the other party an opportunity of showing cause why the record should not be called for; or 4(' (b) if it is satisfied that an examination of the record of the proceedings may be made from the certified copiefll fl lof 94' pardcalan liu c:barp ill relatlodto  oftedce udcior eec:dod 11(1) (c:) 21 notwithstanding anything contained in the code of criminal procedure 1973, when an accused is charged with an offence under clause (e) ot sub-aection (1) of section 13, it-shall be suftldent to deacrtbe 45 in the ("barge the property in respect of which the offence is alleged to have heen committed and the dates between whim the offence is alleged to have been committed, without specffyinr particular items or exact da_ and the marge so framed shall be deemed to be a charge of one offence within the meaning of section 219 of the said code: ~proylded 'that the time iikftud~ 'be~en the flrit 'and'lalt of uch utes shall not e1twed one -;ear statemect by bribe pver ilot to aubject him to prosecutioil jza 'notwithstanding anything 'contained in any law for the ttjne being in force, a" statement made by a person in any proceedirig' against 8 putlic servant for an offence uncfur sections 7 to 11 or ul1aer  section 13 5 or'eecuon 15, that he 'offere4 ot agreetd to 'ofter any grat1fttation (other than 1egal remuneration) or any valuable thing to the public servant, shall not subject such person to a prosecution under section 12,  , ~'1 '   ' miliiaty, navuud air,force or other law not to be aft~ed  ts(1) nothing in this act shall affect the jurisdiction e~~~\e  by, or the procedure applicable to, any court or other authority utidettb~ 10 t6 of 1il10 'awtty act  19~, the air force aet;1950, the· navy act, 1957, 'the border 48 ouiio sfctlrity force aet, 1988, the coast guard act 1918 and the netfonal 82 of 181, ~ity guard act, 1986 47 of i_ so of 11'1'1 ; (2) ;j'or the removal of doubt~, it 'is hereby declared that fot the 47 of 1_ p~ of'ahy such law as is referred to in sub-section (1, the court 15 of a special judge shall be deemed to be a court of ordinary erfrhinal jl1ltice 26 every special judge appointed under the criminal law amend-~t act, 1952, fot any· area or areas and is holding office on the com-special judletj appoint--eel under act 46 of 1952 to be wlen~tnent dl tnis act shall be deemed to be a special judge appointed 20 under sections of this act f01" that area 'or are8's and, aecotdingly, on and frt')m such commencement,every such judge shalt eontinue to ,deal with all the proceedings penchng before him on such commencement  in accordance with the provisions of this act specl~ judges appoint_ ed under this act appeal iuid revision !'1subject to the provisions of this act, the high court may exercfse, "5 50 far as they may' be applicable, all the powers of appea},and revjsion conferred by the code of criminal procedure, 1973 on a high court as 2 of i"" if the court of the special judge were a ('durt of session trying cases withjn the local limits of the high court ' 's the' provisions of this act shall be in addition to, and not in de- 30 rij~atfon of any t>therlawfor the time being in forc~ and nothing contained herein shall exempt any public servant from any proceeding which might apart from this act, l;>e instituted against him, act to beln addition to any other law -21 in the criminal law amendment ordinance, 1944,--amoddldcftt of the ord38 of ip4t (a) in sub-section (1) of section 3, sub-section (1) of sectlon 9, 35 clause (a) of section 10, sub-section (1) of section 11 and sub~ (1) of section 13,fot the v/ords "state government", whet-ewt-1fl\ey ~ccur, the words "state government or as th~ caf!" may lie, tile ' central oovemment" shall be substituted; (b) in section 10 in clause (a); for the words "three mot'ftlme", ,'0 th~ words "one year" sha"n' be substituted; (c) in the schedule,-(i) paragraph 1 shall be omitted; (ii) in paragraphs 2 and 4,-5 loflh8 ,(a) after the words "a local authority", the words and_ figures "or a corporation established by or under a central,  provincial or state act, or an authority 'or a body owned or eontrolled or aided by government or a government coinpany as defined in section 617 of the companies act, 1956 or a society aided by such corporation, authority, body or gover~ment company" sb~l1 be inserted; 10 (0) after the words "or authority", the words "or c01'-porationor body or government company or aociety" shad ·be inserted; 15   (iii) for paragraph 4a" the followii;lg paragraph sha,u be ~l,1p, stituted,' n~ly':-: ' '  "4a an offence punishable under the prevention of c('ti'-ruptlon act, 1987"; (iv) in paragraph 5, for the words and figures "items 2, 3 and''!, the w~ds, figures and letter "items 2 3,4 and 4-a" shall 20 be substjtuted a80 (1) the prevention of corruption act, 1947 and the criminal law ameddment act, 1952 are hereby repealed jot 1141 mol 1952 repeal and saving, ~) nctwithsta~ding,such l'ti'eal, but without prejudice to theapplica 10 of 1811 ti0a, qf sec~n 6 ()f the general clauses act, 1897 anything done or any 25 action taken or purported to have been done or taken under 01' in pur suance of the acts so repealed shall, in so far as it is not inconsisten,t with tile provi'sions of this act, be deemed to have been' done or taken uncler or in pursuance of the corresponding provision 'of this act 31 secuo,ns 161 to 16!>a (both inclusive) of the indian p-enal code 10 of 1897 30 shall be omitted, and section 6 of the general clauses act, 1897, shall apply to such omission as if the said sections had been repealed by 8 central act omisaion of certaill sections of act 45 of 1860  statement of objects and reasonsthe 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 carruption act, 1947, was amended in 1964 hued 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 uiiseonduct there are also provisions in the crininal law amendment ordinance, 1944, to enable attaclunent of ill-gotton wealth obtained throup corrupt means, 'including from transferees of such wealth the bw seeks to incorporate all these provisions with modifications so as to make the provisions more effective in combating corruption amolli pubic sprvants 3 the bill, inter aha, envisages widening the scope of the definition of the expression "public servant", incorporation of offences under ~ns 161 to 165a 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 1?e final if it has not already been challenged and the trial has com~ menced in order to expedite the proceedings, provisions for day-to-day trial of cases and prohibitory provisions with regard to giant of stay and exercise of powers of revision on interlocuto~ orders have alro been inc i uded  -4 since the provisions of sections 161 to 165a are incorporated in the proposed legislation with an enhanced punishment, it is not necessary to retain those sections in the indian penal code consequenuy, it is proposed to delete those sections with the necessary saving proviafon 5 t11p notes on clauses explain in detail the provisions of the bnj new delhi; p chidambaram the 20th feb'ml4:ry, 1987 clause 2-this clause defines the expressions used in the bill clause 2 (r) defines "public servant" in the existing definition the emphasis is on the authority ~mploying and the authority remunerating in the proposed definition the emphasis is on public duty the definition of "election" is based on the definition of this express10n in the indian penal code czau~'e 3-this clause provides for appointment of special judges both by the central government and the state governments except tpe power conferred on the central government to appoint special judges, this clause is based on section 6 of the criminal law amendment act, 1952 clause 4-this clause deals with the cases triable by a special judge sub-clause (4) of this clause provides for holding of trial by a special judge on day-to-day basis for speedy trial of the cases other provisions in this clause are based on section 7 of the criminal law amendment act, 1952 clause 5-this clause deals with the procedure and powers of a special judge sub-clause (6) of this clause confers on tqe speciaj judge powers exercised by a district judge under the criminal law ,amendment ordinance, 1944 for the purposes of attachment of property the remaining provisions of this clause are based on the provisions ot sectlon 8 of the criminal law amendment act, 1952 clause s-this clause empowers the special judge, where he tries any offence specified in clause 3 alleged to have been committed by a public servant in relation to the contravention of any special order referred to in sub-section (1) of section 12a of the essential commodities act, 1955, or of an order referred to in clause (a) of sub-section (2) of that section, to try the offence in a summary way 'this clause is based on section 8a of the criminal law amendment act, 1952 czauses 7 to 12-the provisions of sections 161 to 165a of the indian penal cod~ dealing with offences by or relating to public servants haw been incorporated in these clauses, with slight modifications by theije lnodifications a minimum punishment has been introduced, the alternatc' punishment now available in the indian penal code has been dispensed with the existing punishment has been increased and the illustrations  have been omitted clause 13-this clause deals with criminal misconduct bya public 5ervant and corresponds to existing sub-sections (1) and (2) of section 5 of the prevention of corruption act, 1947 section 5(1) (d) of the prevention of corruption act, 1947 relates to misconduct by a publili servan t by corrupt or illegal means or otherwise and obtaining pecuniary advan; age for himself or for others the effectiveness of this provisjcn has been somewhat blunted by judicial pronouncements in order to make the original intention of the legislature more clear, clause 13 (1) (d) has been split into three parts further, a definition of the expression "known sources of income" has ¥en added to remove any ambiguity clause h-this dause deals with habitual committing of o1fences under clauses 8, 9 and 12 and is analogous to section 5 (3) of the prevention of corruption act, 1947 with the modification that the minimum punishment shall be two years clause 15-this clause deals with punishment for attempt to commit lhe offences referred to in clause 13(1) (c) or (d) and is analolous tc section 5(34) of the prevention of corruption act, 1947 clause l6-this clause deals with matters to be taken into considera-tion by the court in fixing the fine and is analogous to sub-sections (3b) and (4) of section 5 of the prevention of corruption act, 1947 clause 17-this clause deals with persons authorised to investigate cclloes under the bill and is analogous to section sa (1) of the prevention of corruption act, 1947 clause 18-this clause deals with the power to inspect banker's book by a police officer and is analogous to section 5a (2) of the prevention of corruption act, 1947 clame 19-this clause provides for previous sanction for prosecution in the case of a person ~mployed in connection with the affairs of the union, state government or other authority and is analogous to section 6 of the prevention of corruption act, 1947 except clause 19(3) which provides that on the ground of irregularity of sanction, 110 findmg of t¥ court can be reversed also no court can stay the ~ ceedings in these cases because of irregularity in sanction or on any other ground clause 20-this clause provides for the presumption in any trial for an offence punishable under clause 7 or clause 11 or clause 13(1) (a) or (b), where an accused public servant has accepted gratification other than legal remuneration and is analogous to section 4 of the prevention of corruption act, 1947 clause 21-this clause provides that an accused person shall be a competent witness for his defence and is analogous to ~ion 7 of the prevention of corruption act, 1947 clause 22-this clause provides for the application of the code of criminal procedure, 1973, subject to certain modifications and i~ analogous to section 7a of the prevention of corruption act, 1947 , clause 23-this clause provides for the particulars in a charge in relation to an offence under clause 13 (1) (c) and is analogous to i!!ection 6a of the prevention of corruption act, 1947 clause 24-this clause provides that a statement by a bribe giver shall not subject him to prosecution under clause 12 and is analogous to section 8 of the prevention of corruption act, 1947 clause 25-this clause provides for military, naval, air force or other law not to be affected by the provisions of the bill and is analogous to section 11 of the criminal law amendment act, 1952 clause 26-this clause provides that a special judge appointed under the criminal law amendment act, 1952 and holding office on the commencement of the proposed legislation shall be deemed to be a special judge appointed under clause 3 clause 27-this clause provides ,for the exercise of powers of appeal and revision by the high court and is analogous to siection 9 of the criminal law amendment act, 1952 ' clause 28-this clause provides that the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in force cla~ 29-this clause seeks to amend the criminal law amendment ordinance, 1944 at present only the state governmlents are , ~  empowered to move the district judge for attachment of property it is proposed to take powers for the central government the ad-interim attachment which is at present valid only for three months is also proposed to be made valid for one year in the first instance the schedule to the ordinance is also proposed to be amended to include the offences against the property of not only the central or state governments but also of corporation established by or under a central, provincial or state act or an authority or a body owned or controlled or aided by government or a government company or a society aided by such corporation, authority, body or government company ctause 30-this clause provides for the repeal of the prevention of corruption act, 1947 and the criminal law amendment act, 1952 clause 3l-this clause provides for the omission of sections 161 to 165a of the indian penal code with necessary saving provision  financial memorandumclause 3 (1) of the bill provides that the central government or the state government may appoint as many special judges as may be necessary for such area or aneas or for such case or group of cases as may be specified to try the oftences mentioned therein to begin with, it is proposed to appoint about 20 special judges by the central govemment the expenditure involved in this regard is estimated at rs 41 lakhs(rs 29 lakhs recurring and rs 12 lakhs non-recurring) this expenditure will tie met from the consolidated fund of india 2 the bill will not involve any other expenditure either recurring or non-recurring  extracts from the criminal law (amendment) ordinance, 1944(olm 38 of 1944) - - - - - - 3 application for attachmellt of property-(l) where the state government has reason to believe that any person has committed (whether after the commencement of this ordinance or not) any scheduled offence, the state government may, whether or not any court has taken cognizance of the offence, authorise the making of an application ro the district judge within the local limits of whose jurisdiction the said person ordinarily resides or carnes on his business, for the attainment under this ordinance of the m~ney or other property which the state government believes the said person to have procured by means of the offencp, or if such money or other property cannot for any reason be attached, of ~ther property of the said person of value as nearly as may be equivalent tl) that of the aforesaid money or other property \  - - - - - 9 administration of attached property-(1) the district judge may, on the application of any person interested in any property attached under this ordinance and after giving the agent of the state ~vernment an opportunity of being heard make such orders as the district judge considers just and reasonable for-- - - - - - 10 duration of attachment-an order of attachment of property under this ordinance shall, unless it is withdrawn earlier in accordance with the provisions of this ordinance, continue in force-(a) where the court has taken cognizance of the alleged scheduled offence at the time when the order is applied for, for three months from the date of the order under sub-section (1) of set-tin, 4 or sub~section (2) of section 6, as the case may be, unless co'gnizance of such offence is in the meantime so taken, or unless the district judge on application by the agent of the state government thinks it proper and just that the period should be extended and passes an order accordingly; or "it -'--,'--r-' - - - •• - - 11 appeel-(1) the state government or any person who has shown cause under section 4 or section 6 or has made an objection under section 4 or has made an application under section 8 or section 9, if aggrieved by any order of the district judge under any of the fore!!oing provisions of this ordinance, may appeal to the high court within thirty days from the date on which the order complained against was passed  - - - - - 13 disposal of attached property upon termination of cirminaj proceedings-(l) upon the termination of any criminal proceedings for any scheduled offence in respect of which any order of attachment of property -  has been made under the ordinance or security given in lieu thereof, the agent of the provisional government shall without delay inform the district judge, and shall where criminal proceedings have ben taken in any court, furnish the district judge with a copy of the judgment or order of the trying court and with copies of the judgments or orders, if any of the appellate or' revisional court, thereon  - - - the schedule (see section 2) - - offences in connection wit~ which 'pf'upeny is ligble to be'  tached 4s of 1860 1 an offence ,punishable under section 161 or section 165 of the indian penal code or any conspiracy to comniit or any attempt to commit or any abetment of such offence 45 of 1860 4s of 1860 45 of 1160 2 an offence punishable under section 406 or section 408 'or sectil;>n 409 of the indian penal code, where the property in respect of which the offence is committed is property entrusted by his majesty's govemment in the united kingdom or in any part of his majesty's dominions or the central or a state government or a department of any such grwernment or a local authority or a person acting on, behalf of any such government or department or authority  3 an offence punishable under section 411 or section 414 of the indian penal code, where the stolen property in respect of which the offence is committed is property such as' is - described in the preceding item and in respect of which an offence punishable under section 406 or section 408 or section 409 of the said code has been committed 4 an offence punishable under section 417 or section 420 at the indian penal code, where the person deceived is his majesty's government in the united kingdom or in any part of his majesty's dominions or the central or a state government or a department of any such government or a local authority or a per~n acting on behalf of any such government or department or authority 4a an offence punishable under section 5 of the prevention of corruption act, 1947 2 of 1947 5 any conspiracy to commit or any attempt to commit or any' abetment of any of the offences specified in items 2, 3 and 4  - - - -  '  extracts j'liom the indian penal codt, 1860 (45 of 1860)  - - - - chapter ix of offences by or rilla'l'ing to publtc servqris-\' 161, whoevet, being or, expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to· obtain from anyperon, for himself or for any other person, any gratification whatever, o~er , public servant taking grati- fication otbertben legal romunetation in respect of an official ~t than legal relri4neration, as ~ motive or reward fjr doing or forbear· ~ to do any official act or for showing or fo~bearing to ~ow, in the exercise ~ bis official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the central or any state government or parliament or the lesislaiure of any state or with any local authority, corpol'ation or goyernment company referred to in section 21, or with any public servant, a~ such, shall be punished with imprisonment of either description for a term which may extend to thl'ee years, or with fine, or with both exp14714tion-"expecting to be a public servant" if a person not eltpectlng to be in oftice obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them he may be guilty of cheating, but he is not guilty of the offence defined in this section "gratification" the word "gratification" is not restricted to pecuniary gratifications, or to gratifications estimable in money  - 'legal remuneration" the words "legal remuneration" are not res· tricted to remuneration· which a public servant can lawfully demand, b~t include all remuneration which he is permitted by the government, which he serves, to accept "a motive or reward for doing" a person who receives a gratification as u motive for doing what he does not intend to do, or' as a reward for doing what he has not done, comes within these words  illustrations(a) a, a mul'lsif, obtains from z, a banker, a situation in z's bank for a's brother, as a reward to a for deciding a cause in favour of z a has committed the offence defined in this section (b) a, holding the office of consul in a foreign state, accepts a lakh of rupees from the minister of that state it does not appebl' that a accepted this sum as a motive or reward for doing or forbearing to do any parti cular official act, or for rendering or attempting to render any particular service to that state with the government of india but it does appear that a accepted the sum as a motive or reward for generally showing favour in the exercise of his oftlcial functions to that state a has com mitted the offence defined in this section (c) a, a public servant, induces z erroneously to believe that a's influence with the government has obtained a title for z and thus induce~ z to give a money as a reward for this service a has committed the offience defined in this section 162 whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratifi cation whatever as a motive or reward tor ·inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, at in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person, with the central or any state gove,rn mcj'lt or parliament or the legislature of any state or with any local taking gratiftcation, in order, by corrupt or illegal means, to in fluenoe public servant authority, corporation or government company referred to in section 2i or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both i taking gratification, for exercise of personal influence with public servant 163 whoever acc8:!>ts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the central or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in section 21, or with any public servant, as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both  illustrationsan advocate who receives a fee for arguing a case before a judge; a person who receives pay for arranging and correcting a- memorial addressed to government, setting forth the services and claims of the memorialist; a paid agent for condemned criminal, who lays before the government statements attending to show that the condemnation was unjust-are not' within this section, inasmuch as they do not exercise or profess to exercise personal ir1fluence 164 whoever being a public servant, in respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both  ilzustmtionpunishment for abetment by public servant of offences defined in section 182 or 163 a is a public servant b, a's wife, receives a present as a motive for soliciting a to give an of-lce to a particular person a abets her doing so b is punishable with imprisonment for a term not exceeding one year, or with fine, or with both a is punishable with imprisonment for a term which may extend to three years, or with fine, or with both 165 whoever, being a public servant, accepts or obtains, 01' 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 sueh public servant, 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, public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted shall be punished with imprisonment of either description for a term which may extend to th~ years, or with fine, or with both by such public servant  mustrations(a) a, a collector hires a house of z, who has a settlement case pending before him it is agreed that a shall pay fifty rupees a month, the house being such that, if the bargain were made in good faith, a would be required to pay two hundred rupees a month a has obtained a valuable thing from z without adequate consideration (b) a, judge, buys of z, who has a cause pending in a's court, government promissory notes at a discount, when they are selling in the market at a preminum a has obtained a valuable thing from z without adequate consideration (c) z's brother is apprehended and taken before a, a magistrate, on a charge of perjury a sells to z shares in a bank at a premium, when they are selling in the market at a discount z pays a for the shares accordingly the money so obtained by a is a valuable thing obtained by him without adequate consideration 165a whoever, abets any offence punishable under section 161 or section 165, whether or not that offence is committed in consequence of the abetment, shall be punished with imprisonment of either description for a term which may extend to three years, or with fuie, or with both - - - - punishmentfor abetment of offences defined in section 161 or section 1t~:;  a billto consolidate and amend the law relating to the prevention of corruption and for matters connected therewith 