The term is most known through social movements led by Anna Hazare. One of the most known, experiencing, and lucrative terms across the terms in India so far. It is nothing but ‘CORRUPTION’. This term has pulled down many political parties across India and has now corrupted even more than what we see in earlier days. Many regional and national parties have lost their identity or have been defamed through the act of corruption in one way or the other. Because of its presence everywhere in social or political life, the same has now tainted the nature of our democracy. The constitutional duty of every citizen has been mortgaged to these political leaders who loot the money when provided with the power to rule. This article will look into laws-both general and special laws relating to the prohibition of corrupt practices in India.

Laws relating to Corruption in India:

• Indian Penal Code, 1860
• The prevention of Corruption act, 1988
• Benami Transactions (Prohibitions) Act, 1988
• The prevention of money laundering act, 2002

Indian Penal Code, 1860:

• Section 21 of the Indian Penal code, 1860 defines the term ‘Public servant’. It categorizes the term into 12 sub-clauses and includes public servants of different sectors into it from time to time. For this purpose, public servants shall include government employees and the officers in the areas of the military, navy, air force; police officers, judges, officers employed in the courts, and any of the local authorities which must be established either by central or state government.
• Apart from that, sections 166 to 171 of the code deals with the offenses relating to public servants and the related punishments. Specifically, section 169 deals with unlawful buying and selling of property by a public servant. It states that any public servant who purchases or bids any property shall be punished with imprisonment, which may extend to two years or a fine, or even both. Further, the property purchased in such a manner shall be confiscated.
• On the other, section 409 deals with criminal breach of trust by a public servant, and in case of such act, the public servant shall be punished with life imprisonment or imprisonment up to ten years and also fine.

The Prevention of Corruption act, 1988

The Prevention of Corruption act, 1988 came into force on 9th September 1988, and the main purpose of such an act is to consolidate and amend the law that relates to the prevention of corruption and for the matters connected therewith.

• Section 2 (c) of the act defines who is a public servant. It includes the persons who have been brought under the definition given under the IPC, but now also includes those who are in public service commission, etc.
• Section 7 of the act states punish the public servant, who receives or takes any kind of gratifications other than his legal remunerations in respect of an official act with the minimum punishment of five years and also fine. It not only punishes for taking the bribe but also if he influences the general public through illegal means.
• Section 11 states that in case of taking a valuable thing without paying for it or paying more to anyone with whom he has entered into transactions, he shall be punished with imprisonment of 6 months which may extend to five years. Through the central or state governmental order, the same person shall be prosecuted.

Benami Transactions (Prohibitions) Act, 1988

Apart from the two laws discussed earlier, we also have Benami Transactions (prohibitions) act, 1988.

Section 2(a) of the act defines what a Benami transaction is. It states that Benami Transaction means any kind of transaction where a property is transferred from one person to another for a consideration paid to that person. Here the property is bought in a false name and such buying of property under the name of the person’s wife would not be covered under the definition of Benami transactions. The act provides the punishment for any person who enters into Benami transactions as imprisonment which may extend to 3 years or even a fine. The property which has been transacted between the parties under this act shall be deemed to be Benami and the same shall be acquired by the authority that has such power and no money shall be paid for that acquisition.

The Prevention of Money Laundering act, 2002

Another law relating to the prohibition of corruption in India is the Prevention of Money Laundering Act, 2002. The law defines money laundering as an offence and a person is said to have committed the same if her/she is connected to any criminal act and assumes that such an act is a clean or untainted property. The offenses have been provided under the schedule of the act and the property that the person gets through the act should be an offence that is listed in the schedule. So, in order to state that a person has committed the offence under the act, he/she must have committed that scheduled offence. Once found guilty, the offender shall be punished for money laundering for rigorous imprisonment for at least three years which may extend to 7 years or with a fine of 5 lakh rupees. As per the NDPS act, 1985 the person shall be punished for a term of imprisonment which may extend to 10 years. The proceedings of trial shall be undertaken by the adjudicating body and also decides the authenticity of the property seized by them. All appeals under the act shall be brought before the tribunal which shall be an appellate body for hearing appeals from adjudicating body or any other relevant bodies provided under the act.

Conclusion:

In spite of the existence of these provisions under different legislations for the prohibition of corruption, there are instances that still show the indirect means of obtaining the monetary benefits. Also, election-related activities undertaken by the political parties should be observed very carefully, which still amounts to corrupt practices. The election commission has the greater responsibility to act on this behalf through stricter punishments and disabling a candidate as soon he is noted for involving in corrupt practices. Thus, democracy should not be tainted with these contaminated activities.