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