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The sole idea was to bring all relevant provisions in a single Act.
Finding that bribery and corruption among public servants had
considerably increased during and after the Second World War and
many unscrupulous officers had amassed huge wealth, and the
existing provisions of the IPC and the CrPC were inadequate to tackle
this problem, the Prevention of Corruption Act, 1947 was passed.
The 1947 Act declared such corrupt acts offences as taking bribe,
misappropriation, obtaining a pecuniary advantage, possessing assets
dis-appropriate to income, and abusing official position. However, the
authority
for
prosecution
was
vested
only
in
the
department
The 1988 Act enlarged the scope of the term public servant and included a large number of employees within its ambit.
employees
of
the
University
Grants
Commission
(UGC),
vice-
chancellors, professors, and scientists in institutions receiving financial aid from the central or state governments or even from the local
authorities have all been declared as public servants.
However, MPs and MLAs, even though performing public duties, have
been kept out of the ambit of the Act.
The Act covers all the corrupt acts as covered by the 1947 Act,
(bribe, misappropriation, obtaining pecuniary advantage, possessing
assets disproportionate to income, etc.). The Act extends to whole of
India except Jammu and Kashmir and applies to all Indian citizens,
whether living in the country or outside it.
(C.B.I.),( 1998 Crl. L.J.2930. ) a five Judge bench of the Apex Court laid down
that a Member of Parliament holds an office and by virtue of such office he
is required or authorized to perform duties and such duties are in the nature
of public duties. An M.P. would therefore fall within the ambit of sub-clause
(viii) of clause(c) of section 2 of the Prevention of Corruption Act, 1988 even
though there is no authority who can grant sanction for his prosecution
under section 19(1) of the Act. Sanction is not necessary for the court to
take cognizance of the offences and the prosecuting agency shall, before
filing a charge sheet for offences punishable under Sections 7,10,11,13 and
15 of the Act against an M.P. in a criminal court, obtain the permission of
the Chairman of the Rajya Sabha or Speaker of the Lok Sabha as the case
may be.
is
the
highest
law
making
body. There
is
also
their