Fixing of Fine as per Prevention of Corruption Act, 1988

The Prevention of Corruption Act, 1988 (PCA) prescribes punishment for corrupt practices, including imprisonment and fine. The amount of fine that can be imposed under the PCA is determined by the court, taking into account the following factors:

  • The amount or value of the property, if any, which the accused person has obtained by committing the offence.
  • The pecuniary resources or property of the accused person.
  • The gravity of the offence.
  • The need to deter the accused person and others from committing similar offences.

Section 16 of the PCA

Section 16 of the PCA deals with the fixing of fine. It provides that where a sentence of fine is imposed under the PCA, the court shall take into consideration the amount or value of the property, if any, which the accused person has obtained by committing the offence.

MCQs on Fixing of Fine under the PCA

  1. Which of the following factors is not taken into account by the court while fixing the amount of fine under the PCA?
    • The amount or value of the property, if any, which the accused person has obtained by committing the offence.
    • The pecuniary resources or property of the accused person.
    • The gravity of the offence.
    • The age of the accused person.

The correct answer is (d). The age of the accused person is not taken into account by the court while fixing the amount of fine under the PCA.

  1. The court can impose a fine of up to how much amount under the PCA?
    • Rs. 1 lakh.
    • Rs. 2 lakh.
    • Rs. 5 lakh.
    • Rs. 10 lakh.

The correct answer is (c). The court can impose a fine of up to Rs. 5 lakh under the PCA.

  1. A public servant is convicted of bribery and is sentenced to imprisonment for a term of three years and a fine of Rs. 1 lakh. The public servant is unable to pay the fine. What will happen in this case?
    • The public servant will have to serve an additional six months in jail.
    • The public servant will be released from jail, but the fine will remain unpaid.
    • The public servant’s property will be attached to recover the fine.
    • The public servant will be released from jail, but his passport will be impounded.

The correct answer is (c). The public servant’s property will be attached to recover the fine.

Conclusion

The court has the discretion to fix the amount of fine under the PCA, taking into account the factors mentioned above. The amount of fine can be substantial, and it is important for public servants to be aware of the consequences of engaging in corrupt practices.