Prevention of Corruption Act, 1988 (PCA)
Objective
The PCA, 1988 was enacted to combat corruption in public administration and promote integrity in governance. Its key objectives include:
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Prevent Corruption: Criminalizes bribery, abuse of office, and illicit enrichment by public officials.
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Promote Transparency & Accountability: Public servants must disclose assets, liabilities, and financial interests.
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Deterrence & Punishment: Imposes strict penalties including imprisonment and fines.
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Investigate & Prosecute Corruption Cases: Provides procedures for investigation, evidence collection, and trial.
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Protect Whistleblowers: Safeguards individuals who report corruption in good faith.
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International Cooperation: Facilitates mutual legal assistance and exchange of information with other countries.
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Asset Recovery: Enables seizure and confiscation of proceeds of corruption.
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Preventive Measures: Encourages vigilance commissions, public awareness, and education to reduce corruption.
Salient Features
| Feature | Details |
|---|---|
| Definitions | Clarifies terms like “public servant,” “bribe,” “gratification,” and “undue advantage.” |
| Criminal Offenses | Covers acceptance, offering, or using influence for bribes; applies to both giver & receiver. |
| Prosecution & Penalties | Establishes procedure for investigation, trial, and punishment; strict penalties for offenders. |
| Public Servants | Obliged to disclose assets & financial interests; promotes accountability. |
| Preventive Measures | Includes special courts, vigilance commissions, awareness programs. |
| Extraterritorial Jurisdiction | Indian citizens can be prosecuted for corrupt acts committed abroad. |
| Whistleblower Protection | Protects those reporting corruption from retaliation or victimization. |
| International Cooperation | Encourages collaboration with other countries to combat corruption. |
Implementation & Agencies
Central Vigilance Commission (CVC): Supervises corruption investigations and advises departments.
Central Bureau of Investigation (CBI): Handles federal-level corruption cases.
State Anti-Corruption Bureaus (ACB): Handle state-level cases; can refer cases to CBI.
Directorate of Enforcement & Financial Intelligence Unit: Address corruption involving money laundering.
Writ Jurisdiction: Articles 32 & 226 empower citizens to seek justice through writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.
Oversight Bodies: CAG, CVC, PAC, CBI, and state ACBs.
Article 311 & Judicial Reforms: Aim to reduce administrative corruption.
PCA, 1988 is a cornerstone in India’s fight against corruption, strengthened by amendments in 2018.
Works alongside other laws like the Whistleblower Protection Act, 2014, Lokpal & Lokayuktas Act, 2013, and Prevention of Money Laundering Act, 2002.
Addresses both preventive and punitive aspects of corruption, but effectiveness depends on active enforcement, efficient investigating agencies, and political will.
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