The Prevention of Corruption Act, 1988 (PCA) defines corruption and prescribes punishment for corrupt practices. The following are some of the offences and penalties under the PCA:
- Bribery of a public servant (Section 7): A person who gives or offers a bribe to a public servant is liable to imprisonment for a term which may extend to seven years and fine.
- Taking gratification by corrupt or illegal means by a public servant (Section 8): A public servant who takes gratification, other than legal remuneration, in order to perform or to cause the performance of a public duty is liable to imprisonment for a term which may extend to seven years and fine.
- Criminal misconduct by a public servant (Section 13): A public servant who commits criminal misconduct is liable to imprisonment for a term which may extend to fourteen years and fine.
- Abetment of offences under the PCA (Section 16): A person who abets an offence under the PCA is liable to the same punishment as is provided for the offence itself.
MCQs on Offences and Penalties under the PCA
- Which of the following is not an offence under the PCA?
- Bribery of a public servant.
- Taking gratification by corrupt or illegal means by a public servant.
- Criminal misconduct by a public servant.
- Taking gratification by a private person.
The correct answer is (d). Taking gratification by a private person is not an offence under the PCA.
- What is the punishment for a public servant who is convicted of bribery?
- Imprisonment for a term which may extend to seven years and fine.
- Imprisonment for a term which may extend to ten years and fine.
- Imprisonment for a term which may extend to fourteen years and fine.
- Imprisonment for life and fine.
The correct answer is (a). The punishment for a public servant who is convicted of bribery is imprisonment for a term which may extend to seven years and fine.
- What is the punishment for a person who abets an offence under the PCA?
- The same punishment as is provided for the offence itself.
- A lesser punishment than the punishment provided for the offence itself.
- A higher punishment than the punishment provided for the offence itself.
- The punishment is decided by the court on a case-to-case basis.
The correct answer is (a). The punishment for a person who abets an offence under the PCA is the same punishment as is provided for the offence itself.
Conclusion
The PCA is a comprehensive law that covers a wide range of corrupt practices. The PCA has been effective in deterring and punishing corrupt practices, and it has helped to improve the transparency and accountability of government agencies.