Prevention of Corruption Act, 1988 (POCA)

<<–2/”>a >a href=”https://exam.pscnotes.com/corruption/”>Corruption is widespread in India. India has been ranked 79th out of 176 countries in Transparency International’s 2012 corruption perception index (CPI). Corruption has taken the role of a pervasive aspect of Indian Politics and Bureaucracy. The economy of India was under socialist. Inspired policies for an entire generation from the 1950s until the 1980s. The economy was shackled by extensive regulation protectionism and public ownership, leading to pervasive corruption and slow Growth. Since 1991, economic Liberalization-2/”>Liberalization in India has reduced red type and bureaucracy, supported the transition towards a market economy and transformed the economy with high growth rate. However, although the Indian economy has become the 4th largest in the world, the growth has been uneven across social and economic groups and POVERTY is still on issue. Endemic and deep rooted corruption is a major factor for most social and political ills. It is a serious threat not just to sustainable economic growth, but also to the sociopolitical fabric of the country.

In Indian civilization, corruption have caused maximum suffering to the humankind. In ancient Indian history the great Indian philosopher Kautilya says “just as it is not possible, not to taste honey or poison put on the surface of the tongue, so it is not possible for the government servant dealing with Money not to taste it in however small a quantity.” On the difficulties of corruption detection Kautilya says “just as a fish moving under water cannot possibly be found out either as drinking or not drinking water, so government servant employed in the government works cannot be found out taking money.”

After the independence corruption is widespread in Indian bureaucratic and political system fill lust small point to apex. According to an international report, the much amount of Indian black money deposited in Tax Heaven Foreign Banks, if which is come out in India. Then the annual budget of India can be made without tax lies to next 30 years. It is surmisal that the is how much widespread in present India after independence probably that high profile scandal was the jeep scam in 1948, when jeeps were required for the army operation in Kashmir. Other notable scandals includes the Mudgal case (1951), Mundra case (1957 – 58), Malviya – Sirajuddin Scandal (1963).

The governing Climate in those days can be gauged from the many observations . A.D. Gorwala committee, set up to suggest ways to improve the system of governance. The Santhanam committee (1962) examine the problem of corruption observed in 1964 that “there is widespread impression that failure of Integrity is not uncommon among ministers and that some ministers, who have held office during the last sixteen years have enriched themselves illegitimately, obtained good jobs for their sons and relations through Nepotism and have reaped other advantages inconsistent with any notion of purity in public life.” In later years corruption will be gradually widespread in Society/”>Indian Society and no effective measures have yet been installed that curb the menace. The lokpal bill could not be passed in last decades, it speaks for the utter lack of political will in the country.

Prevention of Corruption Act, 1988 (POCA) is India’s principal legislation against corruption. Its main thrust is to prohibit public servants from accepting or soliciting illegal gratification in the discharge of their official functions. In addition, bribe-givers and intermediaries may be held liable under POCA for bribing public officials. However, prosecution under POCA requires prior approval of high authorities which severely limits its usefulness particularly where there is collusive activity within government branches.

In addition to POCA’s prohibitions, various sections of the Indian Penal Code (IPC) provide criminal punishment for public servants who disobey relevant laws or procedures, frame incorrect or improper documents, unlawfully engage in trade, or abuse their position or discretion.

In order to ensure speedy trial of corruption cases, the Prevention of Corruption Act, 1988 made the following provisions:
a. All cases under the Act are to be tried only by a Special Judges.
b. The proceedings of the court should be held on a day-to-day basis.
c. No court shall stay the proceedings under the Act on the grounds of any error or irregularity in the sanction granted, unless in the opinion of the court it has led to failure of Justice.

The 1988 Act enlarged the scope of the term ‘public servant’ and included a large number of employees within its ambit. Besides the employees of the central government and the union territories, the employees of public undertakings, nationalised banks, office-bearers of Cooperative Societies of the central and the State Government receiving financial aid, 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.

Corruption is an age old phenomenon and can be seen everywhere now a days. It is like a cancer in public life, which has not become to rampant and perpetuated overnight, but is course of time. The word corruption means destruction, ruining or spoiling a society or nation. A corrupt society is characterized by immorality and lack of fear or respect for the law. It is the abuse of public power for private gain. Corruption comes under many different guises like bribery, extortion, fraud, embezzlement. misappropriations of public goods, nepotism (favoring family members for jobs and contracts) cronyism and influence pending. Corruption has been defined in many different ways, each lacking in some aspect. A few years ago, the question of definition absorbed a large praportion of the time spent on discussion of corruption at conferences and feelings. However like a elephant, even though it may be difficult to describe, it is generally not difficult to recognize when observeed. Unfortunately, the behaviour is often difficult to observe directly because, typically acts of corruption do no t takes place in broad day Light.

In recent years so many major scandals involving high level public officials have shaken the Indian public Services. These scandals suggests corruption has become a pervasive aspect of Indian political and bureaucratic system. Some of them major scams are following:

Coal Allotment Scam (Cost – 186000 Crores)
2 G Spectrum Scam (Cost – 176000 Crores)
Commonwealth Games (CWG) Scam (Cost – 70000 Crores)
Mega black money laundering Scam (Cost – 70000 Crores)

Nature of corruption in India

Under the Indian constitution, the government consists of three branches : the legislative, the executive and the judiciary with clear mandate for independent functioning of each branch. For the Good Governance it is compulsory that each of these units must function with integrity and efficiency. The legislators are elected representatives of the peoples and responsible for making laws. The executive branch consisting of ministers, bureaucrats and whole government machinery, which is responsible for the implementation of laws made up by legislative assemblies. The judiciary, acts as an impartial watchdog to see if the people are governed as per the law. It lakes the power to frame any law, it can only interpret the laws passed by the law makers under the constitutional framework and give its verdicts. But when corruption invades, governance begins to degrade implying loss of integrity and efficiency both. Now – a – days corruption is widespread in every segment of Indian government system and politics.

The behaviour of India legislators both at the union and in the state leaves a lot to be desired. Every time they act motivated by personal gain. Corruption in the assemblies as seen from this perspective implies floor crossing, case for vote taking money or other benefits to ask questions, framing rules under the influence of big corporate houses at the cost of common people. Criminalization of politics is yet another fact of corruption in the current parliament. These are over a quarter MPs with criminal records. Many with serious charges against them. It also highlights an area where Electoral reforms is urgently needed so that criminals don’t enter in the parliament or state assemblies.

In the executive branch, ministers are placed at top of the hierarchy. They are responsible for the making policies for the public because the public trust on them and elected by votes to making government. In recent analysis we seen that the level of corruption in ministers is highest. 2G spectrum scam, coal allotment scam, commonwealth games scam, fodder scam etc. are the best examples of it.

In Indian Parliamentary System, the responsibility of execution of the policies making by government at ground level is taking hand over to the bureaucracy. But the report card of the Indian bureaucracy is also not very flattering. Bureaucratic corruption in India thrives on red tape, complicated procedures and discretionary power. Governance in India is characterized by the lack of transparency in rules. Complicated procedures and a bureaucracy that enjoys broad discretionary power. According to a recent analysis of reports of bribery demands.

in India conducted by trace international was published in January 2009, 90% demand for bribe came from government officials of which over 65% for avoiding harassment, 50% bribery was for timely delivery of services to which the individuals were already entitled, about 10% were meant to provide any advantage. Bureaucratic corruption pervades the Indian administration system with widespread practices of bribery, nepotism and misuse of official positions and Resources.

Causes Of Corruption In India

Emergence of a political elite which believes in interest oriented rather than nation oriented programmes and policies.
Artificial scarcity created by people with malevolent intention wrecks the fabrics of the economy.
Corruption is caused as well as increased because of the change in the value system and ethical qualities of men who administer. The old ideals of morality, services and honesty are regarded as anachronistic.
Tolerance of people towards corruption, complete lack of intense public outcry against corruption and the absence of a strong public forum to oppose corruption allow corruption to reign our people.
Vast size of Population coupled with widespread illiteracy and the poor economic Infrastructure-2/”>INFRASTRUCTURE lead to endemic corruption in public life.
In a highly inflationary economy, low salaries of government officials compel them to resort to corruption. Graduates from Indian institutes of management with no experience draw a far handsome salary than what government secretaries draw.
Complex laws and procedures deter common people from seeking help from the government.
Elution time is a time when corruption is at its peak. Big industrialists fund politicians to meet high cost of election and ultimately to seek personal favour. Bribery to politicians buys influences and bribery by politicians buys votes. In order to get elected, politicians bribe poor, illiterate people.

Recommandations to fight corruption

Foolproof laws should be made so that there is no room for discretion for politicians and bureaucrats. The role of the politician should be minimized. Application of the evolved policies should be left in the hands of an independent commission or authority in each area of public interest. The decision of the commission or authority should be challenged only in the courts.
Cooperation of the people has to be obtained for successfully containing corruption. People should have a right to recall the elected representatives if they see them becoming indifferent to the electorate.
Public awareness is must to combat corruption in India, for this it should be must to improve our Education system because education is the best mean to understand Fundamental Rights and Right – Wrong conversation.
Corruption can be remed if people can understand and start to believe the value of ethics and morality in their life.
Funding of Elections is at the core of political corruption. Electoral reforms are crucial in this regard. Several reforms like state funding of election expenses for candidates, strict enforcement of statutory requirements like holding in-party elections, making Political Parties get their accounts audited regularly and filing income-tax returns, denying persons with criminal records a chance to contest elections, should be brought in. Responsiveness, accountability and transparency are a must for a clean system. Bureaucracy, the backbone of good governance, should be made more citizen-friendly, accountable, ethical and transparent.
The prosecution of corruption cases should be conducted by a panel of lawyers prepared by the Attorney General or the Advocate General in consultation with Rashtriya Lokayukta-2/”>Lokayukta or Lokayukta as the case may be.

The Prevention of Corruption Act, 1988 (POCA) is an Act of the Parliament of India that deals with corruption. It was enacted to provide for effective measures for prevention of corruption and for matters connected therewith or incidental thereto.

The Act contains the following sub-topics:

Preliminary
Corrupt practices
Punishment for offences
Cognizance of offences
Investigation
Prosecution
Offences by companies
Penalties
Offences triable by Special Judge
Procedure for trial
Powers of Special Judge
Appeals
Miscellaneous
Repeal and saving

The Act defines corruption as the abuse of public office for private gain. It includes bribery, extortion, nepotism, and other forms of dishonest or unethical behavior. The Act also defines corrupt practices, which are acts that are intended to influence the performance of a public function in a way that is dishonest or unethical.

The Act provides for a number of penalties for corruption offences, including imprisonment, fines, and forfeiture of property. It also provides for the appointment of Special Judges to try corruption cases. Special Judges are appointed by the Central Government and have jurisdiction to try all offences under the Act.

The Act also provides for a number of procedural safeguards for accused persons, including the right to be informed of the charges against them, the right to remain silent, and the right to legal representation.

The Act has been amended a number of times since it was enacted in 1988. The most recent amendment was in 2018. The amendment introduced a number of new provisions, including a provision for the appointment of Lokpal and Lokayuktas.

The Prevention of Corruption Act is an important piece of legislation that has helped to combat corruption in India. The Act has been successful in deterring corruption and in bringing corrupt officials to justice. However, there is still a lot of work to be done to eradicate corruption from India.

The Act has been praised by many for its effectiveness in combating corruption. However, it has also been criticized by some for being too harsh and for not providing enough safeguards for accused persons.

Despite the criticisms, the Prevention of Corruption Act remains an important piece of legislation in the fight against corruption in India. The Act has helped to deter corruption and to bring corrupt officials to justice. However, there is still a lot of work to be done to eradicate corruption from India.

One of the challenges in combating corruption is that it is often difficult to prove that an offence has been committed. This is because corruption often takes place in secret and there are often no witnesses. In addition, corrupt officials are often very good at covering their tracks.

Another challenge in combating corruption is that it is often difficult to obtain evidence. This is because corrupt officials often have access to resources that are not available to law enforcement officials. In addition, corrupt officials often have friends and colleagues who are willing to help them cover up their crimes.

Despite the challenges, there are a number of things that can be done to combat corruption. One of the most important things is to create a culture of intolerance for corruption. This means that people need to be aware of the dangers of corruption and they need to be willing to report it when they see it.

Another important thing that can be done is to strengthen the laws against corruption. This means making it easier to prove that an offence has been committed and making it easier to obtain evidence.

Finally, it is important to build a strong and Independent Judiciary. This means ensuring that judges are impartial and that they are not subject to pressure from corrupt officials.

Combating corruption is a complex and challenging task. However, it is an essential task if India is to achieve its full potential. The Prevention of Corruption Act is an important tool in the fight against corruption. However, it is only one tool. There are many other things that need to be done to combat corruption.

What is the Prevention of Corruption Act, 1988 (POCA)?

The Prevention of Corruption Act, 1988 (POCA) is an Act of the Parliament of India that provides for the prevention of corruption and for matters connected therewith or incidental thereto.

What are the objectives of the POCA?

The objectives of the POCA are to:

Prevent corruption in public life;
Provide for the punishment of corruption;
Provide for the recovery of property obtained by corruption;
Provide for the protection of persons who give information about corruption; and
Provide for matters connected therewith or incidental thereto.

What are the key provisions of the POCA?

The key provisions of the POCA include:

The definition of corruption;
The offences of corruption;
The punishment for corruption;
The recovery of property obtained by corruption;
The protection of persons who give information about corruption; and
The establishment of the Central Bureau of Investigation (CBI) and the State Anti-Corruption Bureaus (SACBs).

What are the challenges in implementing the POCA?

The challenges in implementing the POCA include:

The lack of awareness about the Act;
The lack of resources to investigate and prosecute corruption cases;
The lack of political will to fight corruption; and
The culture of impunity for corrupt officials.

What are the measures that can be taken to improve the implementation of the POCA?

The measures that can be taken to improve the implementation of the POCA include:

Raising awareness about the Act;
Providing adequate resources to investigate and prosecute corruption cases;
Building political will to fight corruption; and
Promoting a culture of accountability and transparency.

What are the benefits of implementing the POCA?

The benefits of implementing the POCA include:

A reduction in corruption;
An increase in public confidence in the government;
A more efficient and effective government; and
A more equitable society.

Sure. Here are some MCQs on the topics of corruption and the Prevention of Corruption Act, 1988 (POCA):

Which of the following is not an example of corruption?
(A) Bribery
(B) Nepotism
(C) Extortion
(D) Honesty
The Prevention of Corruption Act, 1988 (POCA) was enacted to:
(A) Prevent corruption in public life
(B) Provide for the punishment of corrupt practices
(C) Confiscate the property of corrupt persons
(D) All of the above
Under the POCA, a public servant is defined as:
(A) A person who holds a public office
(B) A person who is employed in the service of the government
(C) A person who is entrusted with a public duty
(D) All of the above
The POCA makes it an offence for a public servant to:
(A) Demand or accept gratification as a motive or reward for doing or forbearing to do any official act
(B) Obtain any valuable thing for himself or for any other person, or for any consideration which he ought not to have taken, as a motive or reward for doing or forbearing to do any official act
(C) Offer any gratification to any public servant as a motive or reward for doing or forbearing to do any official act
(D) All of the above
The punishment for an offence under the POCA is:
(A) Imprisonment for a term which may extend to seven years, or with fine, or with both
(B) Imprisonment for a term which may extend to ten years, or with fine, or with both
(C) Imprisonment for a term which may extend to fourteen years, or with fine, or with both
(D) Imprisonment for life, or with fine, or with both
The POCA also provides for the confiscation of the property of corrupt persons. The property that can be confiscated includes:
(A) The property that was obtained by corrupt means
(B) The property that was used in the commission of a corrupt offence
(C) The property that was derived from the property that was obtained or used in the commission of a corrupt offence
(D) All of the above
The POCA has been amended several times since it was enacted in 1988. The most recent amendment was made in 2018. The 2018 amendment:
(A) Increased the maximum punishment for an offence under the POCA
(B) Increased the scope of the POCA to cover more types of corrupt practices
(C) Made it easier for the government to confiscate the property of corrupt persons
(D) All of the above
The POCA is a powerful tool to combat corruption. However, it is important to note that the POCA is not a magic bullet. The POCA can only be effective if it is properly implemented and enforced.
There are a number of challenges to the effective implementation and enforcement of the POCA. These challenges include:
(A) Corruption is a complex problem that is difficult to eradicate
(B) The POCA is a complex law that can be difficult to understand and apply
(C) There is a lack of resources to investigate and prosecute corruption cases
(D) There is a lack of political will to combat corruption
Despite the challenges, the POCA has made a significant contribution to the fight against corruption in India. The POCA has helped to deter corruption, to bring corrupt officials to justice, and to recover stolen assets.