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Section 14 punishes a person who, after conviction for an offence under the Act, subsequently commits an offence punishable under it. The 2018 amendment recast the provision and increased the sentencing range. Prior conviction is foundational The prosecution m…
The amended explanation to Section 13 states that known sources of income means income received from a lawful source and intimated in accordance with …
The 2018 amendment substantially narrowed criminal misconduct. The former Section 13(1)(d), often used for abuse of position and pecuniary advantage, …
The amended Section 12 punishes abetment of any offence under the Prevention of Corruption Act, whether or not the principal offence is committed in c…
Section 11 addresses a conflict-laden benefit even where a specific corrupt official act is not proved. It applies when a public servant accepts, obta…
Section 9 creates liability for a commercial organisation where an associated person gives or promises an undue advantage to obtain or retain business…
Section 7A, inserted in 2018, targets the influence market surrounding public administration. It applies where a person accepts, obtains, attempts to …
The 2018 amendment made “undue advantage” the central currency of bribery offences. Section 2(d) defines it as gratification, in whatever form, other …
The amended Section 7 replaces the older drafting centred on “gratification as a motive or reward” with an offence built around undue advantage and im…
The Prevention of Corruption (Amendment) Act, 2018, effective from 26 July 2018, did not merely increase penalties. It reorganised the liability struc…
The expression “public servant” in the Prevention of Corruption Act, 1988 is deliberately wider than the conventional idea of a permanent government e…
Since 26 July 2018, Section 8 of the Prevention of Corruption Act, 1988 directly criminalises specified conduct by the bribe giver. The provision is n…
Section 9 of the Prevention of Corruption Act, 1988 creates a distinct offence for commercial organisations. It addresses a familiar enforcement probl…
An allegation that a public servant possesses assets disproportionate to known lawful income is not established merely by identifying unexplained weal…
Section 20 creates a statutory presumption when it is proved in a qualifying trial that a public servant accepted, obtained or attempted to obtain an …
A corruption prosecution does not automatically fail because the complainant dies, becomes unavailable or does not support the prosecution. The Consti…
Trap operations are important anti-corruption tools, but recovery of treated currency is not by itself proof of every element under Section 7 of the P…
Section 19 of the Prevention of Corruption Act restricts a court from taking cognizance of specified offences alleged against a public servant without…