The other day, I read a social media post by a government employee who had been promoted, but did not receive an increased salary because the documents were not updated. Their reasoning? “You will get more salary, we should also get some benefits”. This is the reality of our system, where you get what you deserve by putting money in someone’s pocket, who gets a salary and is otherwise duty bound to do that work. The laws against corruption in India seek to punish such people who indulge in corrupt practices for making more money. Let us have a look at one statute at a time to understand what corruption is and how the corrupt are punished.
What is Corruption?
The Prevention of Corruption Act of 1988 is a special law in India which addresses the menace of corruption and seeks to prevent it. However, the statute does not define what corruption means. Indirectly, it categorizes taking gratification other than legal remuneration for an official act. It is the use of official position, rank, status, public office or property by a public servant for his own personal benefit.
As covered in a research paper shared on the UNESCO website, Corruption is “everything from the paying of bribes to civil servants and the simple theft of public purses, to a wide range of dubious economic and political practices in which businesspeople, politicians and bureaucrats enrich themselves.”
To have a grasp over corruption laws in India, it is crucial to understand what constitutes corruption. Attempts have been made to define corruption. However, it is multifaceted malpractice. Bribery, embezzlement, fraud, graft, theft or extortion, blackmail, favouritism, influence peddling, nepotism, even abuse of discretion has been understood as corruption. That’s why it is hard to sum it up all to define corruption.
Laws against Corruption in India
The Prevention of Corruption Act, 1988
Commonly known among practitioners as PC Act, it was enacted to amend the law related to prevention of corruption in India. The severity of act of corruption committed decides the punishment as per the Act. The punishment under Prevention of Corruption Act ranges from a maximum of a month’s imprisonment to a maximum of 10 years. The Act also provides for appointing Special Judges, specifying the cases triable by them and the procedure to be followed. Corruption cases are summary trials and appointed judges are either Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge. Their powers are specified under the Act.
It may be noted that for prosecuting a public servant for corruption under the Act, prior sanction from the Union or State Government is necessary.
Offences of Corruption
Chapter III of the Prevention of Corruption Act lays about offences and penalties.
- Public Servant being Bribed
- Influence Public Servant by Ill Means
- Bribing Public Servant
- Bribing Public Servant by Commercial Organization
- Abetment of Corruption
- Criminal Misconduct by Public Servant
- Habitual Offender
Bharatiya Nyaya Sanhita, 2023
Chapter XII of the BNS addresses the offences by or relating to public servants. Provisions related to public servant unlawfully buying or bidding for property, or committing criminal breach of trust, are construed as corruption when done for unlawful gains. Any other offence committed under the BNS for making unlawful gains may attract prosecution under the Prevention of Corruption Act as well. The scope of what constitutes an offence is also limited, and not exactly discussing unlawful gratification. The punishment for offenses involving corruption is a maximum of 3 years under BNS.
Benami Transactions (Prohibition Act), 1988
When a property is purchased by someone in the false name of another who did not pay for the same, it is called a benami transaction. The Benami Transactions (Prohibition Act), 1988 regulates benami transactions in India. It makes an exception for property bought by a person in the name of his wife or unmarried daughter.
Benami transactions are often done as a matter of gratification where the beneficiary or the transferor is someone in power and the transaction undercovers for some unlawful favors. The offence is punishable with imprisonment up to 3 years. The Act provides for properties tagged as benami to be acquired by the prescribed authority without paying any consideration for the same.
Prevention of Money Laundering Act, 2002
When the origin of illegally obtained money is disguised to have come from a legitimate source of income, the process is called money laundering. The offence particularly pertains to proceeds of crime, that is the property obtained through criminal activities. A person who is involved in proceeds of crime while projecting them as untainted are punishable under the 2002 Act. The punishment for committing money laundering offence goes up to 7 years of rigorous imprisonment with fine up to Rs 5 lakhs. However, when a person is simultaneously convicted under the NDPS Act, the imprisonment can be extended up to 10 years.
Conclusion
The laws in India require people to earn money with clean hands. The laws against corruption in India make sure those who indulge in corruption do not go unpunished. However, India’s judicial and administrative system is a reflection of corruption. From top to bottom, corrupt practices are the rule, and even government employees end up being the victims.
