PUBLIC SERVANT DEFINITION UNDER PREVENTION OF CORRUPTION ACT 1988 - EVOLUTION SCOPE AND CHALLENGES

Abstract

Prevention of Corruption Act 1988 was enacted as a strong and effective machinery to prevent corruption among public servant. It replaced the earlier legislation, Prevention of Corruption Act 1947.  Since both these legislations are exclusively to deal with corruption of public servants, it is very relevant to define the term ‘public servant’ explicitly for the better administration of the Act. ‘Public servant’ must be considered  with a unique perspective in all anti-corruption laws, since being a public servant is the core deciding factor at the threshold of each one’s liability.

Prevention of Corruption Act 1988: Evolution and History

As a consequence of various wars there was a scarcity of necessary goods, which had necessitated a post-war reconstruction by imposing certain controls and extensive schemes. Huge sums of money were entrusted with public servants in these programs. This wide discretion may have had enticed them to the glittering shine of wealth and property. The existing legislations including the provisions of the Indian Penal Code were found to be inadequate to deal with the growing menace of corruption. A Specific legislation exclusively to combat corruption was the need of the hour. Hence the Prevention of Corruption Act 1947(herein after called PC Act) was enacted. The preamble of the Act clearly states that the Act has been passed for more effective control and prevention of bribery and corruption. Bribery is addressed as a form of corruption which is rampant among public servants. On the other hand, the Act does not define the term ‘public servant’ even if ‘public servants’ alone will fall under the purview of the mischief in this Act. For the purpose of the interpretation of the term public servant it has adopted the definition given under section 21 of IPC. In State of M.P v M.V Narasimhan, after considering the object of the legislation the Supreme Court had observed certain fundamental difference between the Indian Penal Code and the PC Act 1947.  It was held that the PC Act 1947 was not in pari materia with IPC. PC Act 1947 is a self-contained statute with its own provision and created a specific offence of criminal misconduct, which was quite different from the offence of bribery as defined in the Indian Penal Code. The prevention of Corruption Act is a specific legislation intended to eradicate the evil of corruption among public servant whereas the penal code is a penal legislation which is wider and is generally applicable. No doubt, the PC Act has contained certain penal provisions but it was in effect a social piece of legislation aiming at the eradication of corruption among public servant.