Prevention of Corruption Act, 1988

Bribery Penalties – Quick Reference

Selected offences and punishments under the Prevention of Corruption Act, 1988, including the changes introduced by the 2018 amendment.

Bribery involving public servants is punishable under the Prevention of Corruption Act, 1988. The applicable offence and punishment depend on the conduct involved and the section under which the case is proved.

1

Giving or promising a bribe

Section 8 covers giving or promising an undue advantage to induce or reward improper performance of public duty. Punishment may extend to 7 years, or fine, or both. The Act contains a limited exception where a person is compelled to give the undue advantage and reports the matter within 7 days.

2

Public servant taking a bribe

Section 7 covers a public servant obtaining, accepting or attempting to obtain an undue advantage in connection with improper or dishonest public duty. Punishment is 3 to 7 years' imprisonment and fine.

3

Abetment

Section 12 covers abetment of offences punishable under the Act. Punishment is 3 to 7 years' imprisonment and fine, whether or not the offence is ultimately committed as a consequence of the abetment.

4

Commercial organisations

Section 9 provides for a fine where a commercial organisation commits the specified bribery offence. If the offence is proved to have occurred with the consent or connivance of a responsible director, manager, secretary or other officer, Section 10 provides 3 to 7 years' imprisonment and fine for that person.

This is a general public-information summary and not legal advice. For the exact statutory wording and application to a specific case, refer to the official India Code text and qualified legal advice.
Selected statutory penalties

Penalty table

Verified against the current India Code text of the Prevention of Corruption Act, 1988.

Official India Code
Section & offence Minimum punishment Maximum punishment Financial penalty
Section 7: Public servant being bribed
Obtaining, accepting or attempting to obtain an undue advantage in connection with improper or dishonest performance of public duty.
3 years 7 years Also liable to fine.
Section 7A: Taking undue advantage to influence a public servant
Accepting, obtaining or attempting to obtain an undue advantage as a motive or reward to influence a public servant by corrupt or illegal means or personal influence.
3 years 7 years Also liable to fine.
Section 8: Bribing a public servant
Giving or promising an undue advantage to induce or reward improper performance of public duty. A person compelled to give the undue advantage is covered by the statutory exception if the matter is reported to a law-enforcement authority or investigating agency within seven days.
No statutory minimum Up to 7 years Fine, or imprisonment, or both.
Section 9: Bribing a public servant by a commercial organisation
A commercial organisation may be liable where an associated person gives or promises an undue advantage intending to obtain or retain business or a business advantage for the organisation, subject to the statutory defence relating to adequate preventive procedures.
Not applicable Not applicable Fine. Section 9 itself does not prescribe a fixed rupee minimum or maximum.
Section 10: Person in charge of commercial organisation
Where a Section 9 offence is proved to have been committed with the consent or connivance of a director, manager, secretary or other officer.
3 years 7 years Also liable to fine.
Section 12: Abetment of offences
Abetting an offence punishable under the Act, whether or not the offence is ultimately committed as a consequence of that abetment.
3 years 7 years Also liable to fine.
Section 13: Criminal misconduct by a public servant
Includes dishonest or fraudulent misappropriation of property entrusted to or controlled by the public servant, and intentional illicit enrichment during the period of office.
4 years 10 years Also liable to fine.
Section 15: Attempt
Attempting the offence referred to in Section 13(1)(a), relating to dishonest or fraudulent misappropriation or conversion of property.
2 years 5 years Also liable to fine.

Important points

For Section 8, the Act also contains an exception for a person who, after informing a law-enforcement authority or investigating agency, gives or promises an undue advantage to assist an investigation.

For fines under specified provisions, Section 16 directs the court to consider the amount or value of property obtained through the offence and, in disproportionate-assets cases, the relevant unexplained resources or property.

This page is intended as a quick reference. For proceedings, complaints, legal advice or interpretation, refer to the official statutory text and a qualified legal professional.