Introduction
The Prevention of Corruption Act (PCA), 1988 is India’s primary anti-corruption legislation aimed at curbing corruption among public officials and ensuring integrity in public administration. Enacted to replace the earlier laws on corruption, this Act consolidates all provisions related to the prevention of bribery and abuse of power by public servants. It criminalizes not just the act of accepting bribes, but also offering, promising, or giving undue advantages to public servants.
The Act defines key offences such as gratification, abuse of official position, and bribery in public procurement. It applies to all public servants, including government officials, politicians, and employees of public sector undertakings. After the 2018 amendments, the Act also includes provisions that penalize the bribe-giver, including commercial organisations involved in corrupt practices.
Is Bribing a Public Servant an Offence Under the Prevention of Corruption Act?
The Prevention of Corruption Act, 1988 aims to combat corruption in public offices. It penalizes both the giver and taker of bribe. Section 8 of the Act deals specifically with offences relating to bribing a public servant.
Any person who gives or promises to give an undue advantage to another person can be punished. This includes doing so with the intent to either influence a public servant to act improperly or to reward them for improper actions. The punishment includes imprisonment up to seven years, a fine, or both.
If a person is compelled to give a bribe, they are exempt from punishment. However, they must report the incident to the police or investigating agency within seven days. Failure to report will not provide protection under this provision.
If a company commits this offence, the law holds the organization liable. It will be punished with a fine, even if an individual within the company acted on its behalf.
Illustration
For example, if ‘P’ gives ₹10,000 to a public servant ‘S’ to secure a license ahead of other bidders, ‘P’ commits an offence under this law.
It does not matter who actually performs the public duty. The bribe may go to someone other than the public servant. It also doesn’t matter whether the bribe is given directly or through someone else.
If a person offers a bribe after informing the police and only to help with an investigation, they are not guilty under this section. This encourages cooperation with law enforcement.
Recent Case : Karnataka High Court Upholds Bribery Conviction Under Section 8,
In M.K. Manjanna v. State, the Karnataka High Court upheld the conviction of a head constable who accepted ₹10,000 to close a criminal case. The court found clear proof of demand and acceptance, including a voice sample analysis. Under Section 8 of the PCA, offering or promising an undue advantage to induce a public servant to act improperly is an offence. The convict was sentenced to four years’ rigorous imprisonment and fined ₹50,000, affirming that even lower-ranking officials cannot evade accountability. The court dismissed minor inconsistencies in the recovery process, emphasizing that the core elements, giving, promising, or offering gratification, were legally satisfied. The judgment highlights the strong enforcement of anti-bribery laws in India.
Conclusion
Section 8 of the Prevention of Corruption Act plays a key role in curbing bribery. It ensures individuals and companies are held accountable. At the same time, it protects those who report corruption and assist in investigations.
