Anti-Corruption Laws in India

In India, public servants involved in corruption are subject to strict penalties under various laws, primarily the Prevention of Corruption Act, 1988, and the Indian Penal Code, 1860. Advocate Rohit Dandriyal, a leading Anti-Corruption Lawyer in Delhi, provides expert legal representation in such matters, offering robust defense and prosecution services to ensure justice is served.

Money laundering offenses are prosecuted under the Prevention of Money Laundering Act, 2002, while benami transactions are prohibited and penalized by the Benami Transactions (Prohibition) Act, 1988. With extensive expertise in handling complex corruption and financial fraud cases, Advocate Dandriyal’s practice ensures comprehensive legal support tailored to the needs of individuals and organizations navigating these challenging legal frameworks.

Original Jurisdiction.

Special jurisdiction in cases under these laws rests with a Sessions Judge or a Special Judge designated for corruption cases, who exercises original jurisdiction in handling such matters.

The Prevention of Corruption Act, 1988:

Under Section 2(c) of the Prevention of Corruption Act, 1988, the term ‘public servant’ includes individuals engaged in various public duties, such as:

1.  Government employees or those remunerated by the government for public duties.
2.  Individuals in service or pay of local authorities, state corporations, or bodies under government control.
3.  Judges and individuals empowered by law for adjudicatory functions.
4.  Any individual authorized by the court for justice-related tasks, including liquidators, receivers, or commissioners.
5.  Officials involved in electoral processes or public duties.
6.  Members of cooperative societies or educational institutions receiving government aid.
7.  Service Commission members and staff conducting examinations and selections.

Definition of Criminal Misconduct (Section 13):

According to Section 13, criminal misconduct includes cases where a public servant:

1.  Dishonestly misappropriates property entrusted to them.
2.  Illicitly enriches themselves while holding office.

Punishment for criminal misconduct includes imprisonment ranging from four to ten years, with fines applicable as determined by the court.

The Indian Penal Code, 1860:

Section 2(28) of the BNS defines ‘public servant’ broadly, including roles such as:

1.  Military and Commissioned Officers.
2.  Judges and officers of courts.
3.  Arbitrators appointed by courts.
4.  Individuals tasked with confinement and justice-related duties.
5.  Officers assigned to manage public funds, surveys, or law enforcement.

Punishable Offenses:

Under the BNS, specific sections penalize misconduct by public servants:

•   Section 203: Bidding or purchasing restricted property incurs imprisonment up to two years or fines, and the property may be confiscated. (Non-Cognizable, Bailable, Triable by Magistrate of First Class)
•   Section 316(5): Criminal breach of trust by public servants or professionals like bankers can lead to life imprisonment or a term up to ten years with fines. (Cognizable, Non-Bailable, Triable by Magistrate of First Class)

Misappropriation of Assets:

Section 13(b) of the Prevention of Corruption Act defines asset misappropriation by a public servant. Misappropriation is presumed if:

1.  The accused is proven to be a public servant.
2.  Pecuniary assets in their possession exceed known income sources.
3.  These assets are disproportionate to legitimate income sources.

Ingredients for Substantiating Misappropriation Charges:
To prove misappropriation:

1.  The accused must be identified as a public servant.
2.  Pecuniary assets must be precisely documented.
3.  The extent of the accused’s lawful income must be established.
4.  Evidence must indicate the assets exceed lawful income.

If these elements are proven, the onus shifts to the accused to justify the excess assets. Failure to provide a satisfactory explanation completes the offense of misappropriation, leading to penalties under the Prevention of Corruption Act.

Advocate Rohit Dandriyal and his team provide expert legal counsel on white-collar crimes, including corporate fraud, embezzlement, corporate compliance issues, and money laundering. They assist clients with both preventive measures and prosecutorial strategies, including representation in criminal proceedings.

With a dedicated team of seasoned legal professionals, Advocate Rohit Dandriyal specializes in various facets of criminal law, offering both advisory services and litigation support. His team is renowned for its notable expertise in handling complex white-collar crime cases.

The team has extensive experience guiding clients through every stage of the legal process, from advisory consultations and filing criminal complaints to trial representation and appellate proceedings.

Advocate Rohit Dandriyal has successfully represented clients before criminal courts and specialized forums such as the Central Bureau of Investigation (CBI), the Directorate of Enforcement (ED), the Serious Fraud Investigation Office (SFIO), the Economic Offences Wings (EOWs), and the Anti-Corruption Bureau (ACB). His practice encompasses a wide range of matters, including corruption, money laundering, extradition of fugitives, financial fraud, fund embezzlement, foreign exchange law violations, cybercrimes, extortion, crimes against the human body, and narcotics-related offenses.