The Prevention of Corruption Act, 1988: An Analytical Review with Case Law Reference

Summary:

This document provides an overview of the Prevention of Corruption Act (PCA) in India, enacted in 1988 to combat corruption. The Act defines a public servant as anyone in a position of public duty, including government employees, elected officials, and judges, and outlines offenses such as taking bribes and obtaining valuable assets illicitly. The Act also requires prior sanction from a competent authority before prosecuting a serving public official. A landmark case, State of Madras vs. A. Vaidyanatha Iyer, 1958, has influenced the interpretation of anti-corruption laws in India, including the PCA. While the Act has been effective, it faces criticisms, including the delay in justice due to the mandatory sanction requirement and the challenges in defining "public duty"" in modern contexts. The PCA remains a crucial tool in India's fight against corruption