PROPOSED
AMENDMENT IN THE PREVENTION OF CORRUPTION ACT, 1988:
Prevention of Corruption (Amendment) Act, 2009
CHAPTER III
Section 7A: Public servant taking gratification other than legal
remuneration in respect of an act done within the Parliament: 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 for the
purpose of vote given by him within the Parliament or for even asking questions
inside the Parliament with any Member of Parliament or the Legislature of any
State 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 1 year but which may extend to 5 years and shall also be liable
to fine.
Section 10A: Punishment for abetment by public
servant of offences defined in Section 7A: Whoever, being a public
servant, in respect of whom, either of the offences defined in Section 7A 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 one year but which may extend to five years and
shall also be liable to fine.
CHAPTER V
Sanction for
Prosecution and other Miscellaneous Provisions
19. Previous sanction necessary for prosecution- (1) No Court shall take
cognizance of an offence punishable under Sections 7, 7A, 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 (2 of 1974).-
(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, omissions 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 as occasioned or resulted in
a failure of justice the Court shall have regard to the fact whether the
objections 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 o