Prevention of Corruption Act, 1988 :: Indian Bare Acts
1. Short title and extent
(1) This Act may be called the Prevention of
Corruption Act, 1988.
(2) It extends to the whole of
2. Definitions
In this Act, unless the context otherwise requires,
(a) "election" means any election,
by whatever means held under any law for the purpose of selecting members of
Parliament or of any Legislature, local authority or other public authority;
(b) "public duty" means a duty in
the discharge of which the State, the public or the community at large has an
interest;
Explanation.-In this clause
"State" includes a corporation 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.
(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 ;
(iii) any person in
the service or pay of a corporation 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;
(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
authorized by a court of justice to perform any duty, in connection with the
administration of justice, including a liquidator, receiver or commissioner
appointed by such court;
(vi) any arbitrator or
other person to whom any cause or matter has been referred for decision or
report by a court of justice or by a competent public authority;
(vii) any person who
holds an office by virtue of which he is empowered to prepare, publish,
maintain or revise an electoral roll or to conduct an election or part of an
election;
(viii) any person who
holds an office by virtue of which he is authorized or required to perform any
public duty;
(ix) any person who is
the president, secretary or other office-bearer of a registered co-operative
society engaged in agriculture, industry, trade or banking, receiving or having
received any financial aid from the Central Government or a State Government or
from any corporation established by or under a Central, Provincial or State
Act, or any authority or body owned or controlled or aided by the Government or
a Government company as defined in section 617 of the Companies Act, 1956;
(x) any person who is
a chairman, member or employee of any Service Commission or Board, by whatever
name called, or a member of any selection committee appointed by such
Commission or Board for the conduct of any examination or making any selection
on behalf of such Commission or Board;
(xi) any person who is
a Vice-Chancellor or member of any governing body, professor, reader, lecturer
or any other teacher or employee, by whatever designation called, of any
University and any person whose services have been availed of by a University
or any other public authority in connection with holding or conducting
examinations;
(xii) any person who
is an office-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.
Explanation 1.-Persons falling under
any of the above sub-clauses are public servants, whether appointed by the
Government or not.
Explanation 2.-Wherever the words "public servant" occur, they 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.
3. Power to appoint special Judges
(1) The Central Government or the State
Government may, by notification in the. Official Gazette, appoint as many
special Judges as may be necessary for such area or areas or for such case or
group of cases as may be specified in the notification to try the following
offences, namely: -
(a) any offence
punishable under this Act; and
(b) any conspiracy to
commit or any attempt 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 Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973.
4. Cases triable by special Judges
(1) Notwithstanding anything contained in the
Code of Criminal 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 Judges only.
(2) Every offence specified in 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 them as may be specified in this behalf by the Central Government.
(3) When trying any case, a special Judge may
also try any offence, other than an offence specified in section 3, with which
the accused may, under the Code of Criminal Procedure. 1973, be charged at the
same trial.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a special Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.
5. Procedure and powers of special Judge
(1) A special Judge may take cognizance of
offences without the accused being committed to him for trial and, in trying
the accused persons, shall follow the procedure prescribed by the Code of
Criminal Procedure, 1973. for the trial of warrant cases by Magistrates.
(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, 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
tendered under section 307 of that Code.
(3) Save as provided in sub-sections (1) or
sub-section (2), the provisions of the Code of Criminal Procedure, 1973, shall,
so far as they 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 a special Judge shall be deemed to be 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 for as
may be, apply to the proceedings before a special Judge and for the purposes of
the 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 authorized by law for the punishment of the offence
of which such person is convicted.
(6) A special Judge, while trying an offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944.
6. Power to try summarily
(1) Where a special Judge tries any offence
specified in sub-section (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 (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, then,
notwithstanding anything contained in sub-section (1) of section 5 of this Act
or section 260 of the Code of Criminal Procedure, 1973, the special Judge shall
try the offence in a summary way, and the provisions of sections 262 to 265
(both inclusive) of the said Code shall, as far as may be, apply to such trial:
Provided that, in the case of any conviction in
a summary trial under this section, it shall be lawful for the special Judge to
pass a sentence of imprisonment 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 Judge
shall, after hearing the parties, record an order to that effect and thereafter
recall any witnesses who may have been examined and proceed to hear or re-hear
the case in accordance with the procedure prescribed by the said Code for the
trial of warrant cases by Magistrates.
(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 one month, and of fine not exceeding two thousand rupees 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 sentence in excess of the aforesaid limits is passed by the special Judge.
7. Public servant taking gratification other
than legal remuneration in respect of an official act
Whoever, being, or expecting to be a public
servant, accepts or obtains or agrees to accept or attempts to obtain from any
person, for himself or for any other person, any gratification whatever, other
than legal remuneration, as a motive or reward for doing or forbearing to do
any official act or for showing or forbearing to show, in the exercise of his
official functions, favor or disfavor to any person or for rendering or
attempting 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 public servant, whether named or
otherwise, shall be punishable with imprisonment which shall be not less than
six months but which may extend to five years and shall also be liable to fine.
Explanations.-(a) "Expecting to be a public
servant." If a person not expecting to be in office 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.
(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, but include all remuneration which he is
permitted by the Government or the organization, which he serves, to accept.
(d) "A 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.
(e) Where a public servant induces a person erroneously 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 gratification as a reward for this service, the public servant has committed an offence under this section.
8. Taking gratification, in order, by corrupt
or illegal means, to influence public servant
Whoever accepts 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 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 such public servant to show favor or disfavor 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 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. Taking gratification, for exercise of
personal influence with public servant
Whoever accepts 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 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 favor or disfavor 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 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.
10. Punishment for abetment by public servant
of offences defined in section 8 or 9
Whoever, being a public servant, 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, 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.
11. Public servant obtaining valuable thing,
without consideration from person concerned in proceeding or business
transacted by such public servant
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 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 such 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, 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. Punishment for abetment of offences
defined in section 7 or 11
Whoever abets any offence punishable under section 7 or section 11 whether or not that offence is committed in consequence of that abetment, 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,
13. Criminal misconduct by a public servant
(1) A public servant is said to commit the
offence of criminal misconduct,-
(a) if he habitually
accepts or obtains or agrees to accept or attempts to obtain from any person
for himself or for any other person any gratification other than legal
remuneration as a motive or reward such as is mentioned in section 7; or
(b) if he habitually
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 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 him, 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; or
(c) if he dishonestly
or fraudulently misappropriates or otherwise converts for his own use any
property entrusted to him or under his control as a public servant or allows
any other person so to do; or
(d) if he,-
(i) by corrupt or
illegal means, obtains for himself or for any other person any valuable thing
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
(iii) while holding
office 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 the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income
Explanation.-For the purposes of
this section, "known sources of income" means income received from
any lawful source and such receipt has been intimated in accordance with the
provisions of any law, rules or orders for the time being applicable to a
public servant.
(2) Any public servant who commits criminal misconduct shall be punishable 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 fine.
14. Habitual committing of offence under
sections 8, 9 and 12
Whoever habitually commits-
(a) an offence punishable under section 8 or
section 9; or
(b) an offence punishable under section 12,
shall be punishable with imprisonment for a term which shall be not less than
two years but which may extend to seven years and shall also be liable to fine.
15. Punishment for attempt
Whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) of section 13 shall be punishable with imprisonment for a term which may extend to three years and with fine.
16. Matters to be taken into consideration for
fixing fine
Where a sentence of fine is imposed. under sub-section (2) of section 13 or section 14, the court in fixing the amount of the fine shall taken into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence or where the conviction is for an offence referred to in clause (e) of sub-section (1) of section 13, the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily.
17. Persons authorized to investigate
Notwithstanding anything contained in the Code
of Criminal Procedure, 1973, no police officer below the rank,-
(a) in the case of the Delhi Special Police
Establishment, of an Inspector of Police;
(b) in the metropolitan areas of Bombay,
Calcutta, Madras and Ahmedabad and in any other metropolitan area notified as
such under sub-section (1) of section 8 of the Code of Criminal Procedure,
1973, of an Assistant Commissioner of Police;
(c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor without a warran
Provided that if a police officer not below the
rank of an Inspector of Police is authorized by the State Government in this
behalf by general or special order, he may also investigate any such offence
without the order of a Metropolitan Magistrate or a Magistrate of the first
class, as the case may be, or make arrest therefor without a warrant:
Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall not be investigated without the older of a police officer not below the rank of a Superintendent of Police.
18. Power to inspect bankers' books
If from information received or otherwise, a
police officer has reason to suspect the commission of an offence which he is
empowered to investigate under section 17 and considers that for the purpose of
investigation or inquiry into such offence, it is necessary to inspect any
bankers’ books, then, notwithstanding anything contained in any law for the
time being in force, he may inspect any bankers’ books in so far as they relate
to the accounts of the persons suspected to have committed that offence or of
any other person suspected to be holding money on behalf of such person, and
take or cause to be taken certified copies of the relevant entries there from,
and the bank concerned shall 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 accounts of any person shall be exercised by a police officer
below the rank of a Superintendent of Police, unless he is specially authorized
in this behalf by a police officer of or above the rank of a superintendent of
Police.
Explanation-In this section, the expressions "bank" and "bankers’ books" shall have the meanings respectively assigned to them in the Bankers’ Books Evidence Act, 1891.
19. Previous sanction necessary for
prosecution
(1) No court shall take cognizance of an offence
punishable under section 7, 10, 11, 13 and 15 alleged to have been committed by
a public servant, except with the previous sanction,-
(a) in the case of a
person who is employed in connection with the affairs of the Union and is not
removable from his office save by or with the sanction of the Central
Government, of that Government;
(b) in the case of a
person who is employed in connection with the affairs of a State and is not
removable from his office save by or with the sanction of the State Government,
of that Government;
(c) in the case of any
other person, of the authority competent to remove him from his office.
(2) Where for any reason whatsoever any doubt
arises as to whether the previous sanction as required under sub-section (1) should
be given by the Central Government or the State Government or any other
authority, such sanction shall be given by that Government or authority which
would have been competent to remove the public servant from his office at the
time when the offence was alleged to have been committed.
(3) Notwithstanding anything contained in the
code of Criminal Procedure, 1973,-
(a) no finding,
sentence or order passed by a special Judge shall be reversed or altered by a
Court in appeal, confirmation or revision on the ground of the absence of, or
any error, omission or irregularity in, the sanction required under sub-section
(1), unless in the opinion of that court, a failure of justice has in fact been
occasioned thereby;
(b) no court shall
stay the proceedings under this Act on the ground of any error, omission or
irregularity in the sanction granted by the authority, unless it is satisfied
that such error, omission or irregularity has resulted in a failure of justice;
(c) no court shall
stay the proceedings under this Act on any other ground and no court shall
exercise the powers of revision in relation to any interlocutory order passed
in any inquiry, trial, appeal or other proceedings.
(4) In determining under sub-section (3)
whether the absence of, or any error, omission or irregularity in, such
sanction has occasioned or resulted in a failure of justice the court shall
have regard to the fact whether the objection could and should have been raised
at any earlier stage in the proceedings.
Explanation.-For the purposes of
this section,-
(a) error includes competency of the authority
to grant sanction;
(b) a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature.
20. Presumption where public servant accepts
gratification other than legal remuneration
(1) Where, in any trial of an offence punishable
under section 7 or section 11 or clause (a) or clause (b) of sub-section (1) of
section 13 it is proved that an accused person has accepted or obtained or has
agreed to accept or attempted to obtain for himself, or for any other person,
any gratification (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 thing, as 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 which he knows to be Inadequate.
(2) Where in any trial of an offence
punishable under section 12 or under clause (b) of section 14, it is proved
that any gratification (other than legal remuneration) or any valuable thing
has been given or offered to be given or attempted to be given by an accused
person, it shall be presumed, unless the contrary is proved, that he gave or offered
to give or attempted to give that gratification or that valuable thing, as 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 which he knows to
be inadequate.
(3) Notwithstanding anything contained in sub-section (1) and (2), the court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.
21. Accused person to be a competent witness
Any person charged with an offence punishable
under this Act, shall be a competent witness for the defense and may give
evidence on oath in disproof of the charges made against him or any person
charged together with him at the same trial:
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 any
presumption against himself or any person charged together with him at the same
trial;
(c) he shall not be asked, and if asked shall
not be required to answer, any question tending to show that he has committed
or been convicted of any offence other than the offence with which he is
charged, or is of bad character, unless-
(i) the proof that he
has committed or been convicted of such offence is admissible evidence to that
he is guilty of the offence with which he is charged, or
(ii) he has personally
or by his pleader asked any question of any witness for the prosecution with a
view to establish his own good character, or has given evidence of his good
character, or the nature or conduct of the defense is such as to involve
imputations on the character of the prosecutor or of any witness for the
prosecution, or
(iii) he has given evidence against any other person charged with the same offence.
22. The Code of Criminal Procedure, 1973 to
apply subject to certain modifications
The provisions of the Code of Criminal
Procedure, 1973, shall in their application to any proceeding in relation to an
offence punishable under this Act have effect as if,-
(a) in sub-section (1) of section 243, for the
words "The accused shall then be called upon", the words "The
accused shall then be required to give in writing at once or within. such time
as the Court may allow, a list of the persons (if any) whom he proposes to
examine as his witnesses and of the documents (if any) on which he proposes to
rely and he shall then be called upon" had been substituted;
(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 adjourned or postponed merely on the ground that an application
under section 397 has been made by a party to the proceeding.";
(c) after sub-section (2) of section 317, the
following sub-section had been inserted, namely:-
"(3)
Notwithstanding anything contained in sub-section (1) or sub-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 Explanation, the following proviso had been inserted, namely:-
"Provided that where the powers
under this section are exercised 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:-
(a) without giving the other party an
opportunity of showing cause why the record should not be called for; or
(b) if it is satisfied that an examination of the record of the proceedings may be made from the certified copies.".
23. Particulars in a charge in relation to an
offence under section 13(1) (c).
Notwithstanding anything contained in the Code
of Criminal Procedure, 1973, when an accused is charged with an offence under
clause (c) of sub-section (1) of section 13, it shall be sufficient to describe
in the charge the property in respect of which the offence is alleged to have
been committed , and the dates between which the offence is alleged to have
been committed, without specifying particular items or exact dates, and the
charge so framed shall be deemed to be a charge of one offence within the
meaning of section 219 of the said Code:
Provided that the time included between the first and last of such dates shall not exceed one year.
24. Statement by bribe giver not to subject
him to prosecution
Notwithstanding anything contained in any law for the time being in force, a statement made by a person in any proceeding against a public servant for an offence under sections 7 to 11 or under section 13 or section 15, that he offered or agreed to offer any gratification (other than legal remuneration) or any valuable thing to the public servant, shall not subject such person to a prosecution under section 12.
25. Military, Naval and Air Force or other law
not to be affected
(1) Nothing in this Act shall affect the
jurisdiction exercisable by, or the procedure applicable to, any court or other
authority under the Army Act. 1950, the Air Force Act, 1950, the Navy Act,
1957, the Border Security Force Act, 1968, the Coast Guard Act, 1978 and the
National Security Guard Act, 1986.
(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in sub-section (1), the court of a special Judge shall be deemed to be a court of ordinary criminal justice.
26. Special Judges appointed under Act 46 of
1952 to be special Judges appointed under this Act
Every special Judge appointed under the Criminal Law Amendment Act, 1952,, for any area or areas and is holding office on the commencement of this Act shall be deemed to be a special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on and from such commencement, every such Judge shall continue to deal with all the proceedings pending before him on such commencement in accordance with the provisions of this Act.
27. Appeal and revision
Subject to the provisions of this Act, the High Court may exercise, so far as they may be applicable, all the powers of appeal and revision conferred by the Code of Criminal Procedure, 1973 on a High Court as if the court of special Judge were a court of Session trying cases within the local limits of the High Court.
28. Act to be in addition to any other law
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this Act, be instituted against him.
29. Amendment of the Ordinance 38 of 1944
In the Criminal Law Amendment Ordinance,
1944,-
(a) in sub-section (1) of section 3,
sub-section (1) of sector 9, clause (a) of section 10, sub-section (1) of
section 11 and sub-section (1) of section 13, for the words "State
Government", wherever they occur, the words "State Government or, as
the case may be, the Central Government" shall be substituted;
(b) in section 10, in clause (a), for the
words " three months", the words "one year" shall be
substituted;
(c) in the Schedule,-
(i) paragraph 1 shall
be omitted;
(ii) in paragraphs 2 and 4,-
(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 controlled or aided by Government or a Government company as
defined in section 617 of the Companies Act, 1956 or a society aided by such
corporation, authority. body or Government company" shall be inserted;
(b) after the words
"or authority", the words "or corporation or body or Government
company or society" shall be inserted;
(iii) for paragraph
4A, the following paragraph shall be substituted, namely: -
"4A. An offence
punishable under the Prevention of Corruption Act, 1988.";
(iv) in paragraph 5, for the words and figures "items 2, 3 and 4", the words, figures and letter "items 2, 3, 4 and 4A" shall be substituted.
30. Repeal and saving
(1) The Prevention of Corruption Act, 1947 and
the Criminal Law Amendment Act, 1952 are hereby repealed.
(2) Notwithstanding such repeal, but without prejudice to the application of section 6 of the General Clauses Act, 1897, anything done or any action taken or purported to 'have been done or taken under or in pursuance of the Acts so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken, under or in pursuance of the corresponding provision of this Act.
31. Omission of certain sections of Act 45 of
1860
Sections 161 to 165A (both inclusive) of the Indian Penal Code 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 a Central Act.
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