- 1.
The Act defines a 'public servant' very broadly. This includes not just government employees, but also employees of public sector undertakings, banks, and any institution receiving financial aid from the government. This broad definition ensures that a wide range of individuals are covered under the Act, preventing them from engaging in corrupt practices.
- 2.
The Act criminalizes the act of taking a bribe. This includes demanding, accepting, or agreeing to accept any gratification (not just money) as a reward for performing or not performing an official act. For example, if a government officer demands a free vacation in exchange for clearing a building permit, that is an offense under this Act.
- 3.
The Act also criminalizes the act of giving a bribe. This is a significant addition made in the 2018 amendment. Previously, only the bribe-taker was considered an offender. Now, the bribe-giver is also liable for prosecution, unless they report the matter to law enforcement within seven days.
- 4.
The Act defines 'criminal misconduct' by a public servant. This includes habitually accepting gratification, obtaining a valuable thing without consideration, or possessing assets disproportionate to known sources of income. For example, if an IAS officer is found to own properties worth ₹10 crore, while their known income sources only account for ₹2 crore, they could be prosecuted for criminal misconduct.
- 5.
The Act provides for enhanced penalties for corruption offenses. The minimum punishment is imprisonment for three years, which can extend to seven years, along with a fine. In some cases, such as offenses involving large sums of money or abuse of high office, the penalties can be even more severe.
- 6.
The Act includes a provision for attachment and forfeiture of property acquired through corrupt means. This means that if a public servant is convicted of corruption, the government can seize their ill-gotten assets. This provision aims to deter corruption by making it less profitable.
- 7.
The Act provides protection to whistleblowers. Individuals who report corruption are protected from harassment and victimization. This encourages people to come forward with information about corruption without fear of reprisal.
- 8.
The Act requires prior sanction for prosecuting a public servant. Before a court can take cognizance of an offense under this Act against a public servant, the government must grant sanction for prosecution. This provision is intended to protect honest public servants from frivolous or malicious complaints.
- 9.
The 2018 amendment introduced a time limit for trials in corruption cases. Trials must be completed within two years, with a possible extension of six months for specific reasons. This aims to ensure speedy justice in corruption cases.
- 10.
The Act allows for special courts to be established to try corruption cases. These courts are dedicated to hearing corruption cases, which helps to expedite the judicial process. This is important because corruption cases often involve complex evidence and lengthy proceedings.
- 11.
The Act places the burden of proof on the accused in certain cases. If a public servant is accused of possessing assets disproportionate to their known sources of income, the burden is on them to prove that the assets were acquired through legitimate means. This is a departure from the general principle of criminal law, where the prosecution must prove the guilt of the accused.
