3(1), alleged to have been committed by a public servant in relation to the contravention of any special order referred to in Sec.12-A(1) of the Essential Commodities Act, 1955 or all orders referred to in sub-section (2)(a) of that section then the special judge shall try the offence in a summarily way and the provisions of s. 262 to 265 (both inclusive) of the said code shall as far as may be apply to such trial.
Provided that in the case of any conviction in a summary trial under this section this shall be lawful for the Special Judge to pass a sentence of imprisonment for a term not exceeding one year.
The following are the offences under the PCA along with their punishments:- Obtaining an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly, etc., and if the public servant is found guilty, he shall be punishable with imprisonment which shall be not less than 3 years but which may extend to 7 years and shall also be liable to fine.
The bill, therefore, redefines the offense of accepting bribes as “obtains or accepts or attempts to obtain from any person an undue advantage, intending that in consequence a public duty would be performed improperly or dishonestly, either by himself or by another public servant is guilty of offense under section 7 and shall be imprisoned for a term of 3 to 7 years.
[7] In addition to treating bribe-giving as an offense, section 9 specifically provides for an offense by a commercial organization if any person associated with the commercial organization gives or promises to give any undue advantage to a public servant to obtain or retain business or an advantage in conduct of business.
[8] The offense of criminal misconduct specified in section 13 of the Prevention of Corruption Act, is being substituted by a new section restricting the criminal misconduct to dishonest or fraudulent misappropriation of any property entrusted to the public servant or if the public servant intentionally enriches himself illicitly during the period of his office.
The amendment provides for the requirement to obtain prior sanction from appropriate Government to initiate a probe on serving as well as former public servants.
While the intent was to prevent victimisation of honest officers, the amendment seemingly strengthens the shield available to officials accused of corruption.
[10] The new Section 18A also introduces a provision for special courts to confiscate and attach the property acquired through corrupt practices.
[11] To ensure speedy justice, the Amendment Act now prescribes that the courts shall endeavor to complete the trial within 2 (two) years.
This period can be extended by 6 (six) months at a time and up to a maximum of 4 (four) years in aggregate subject to proper reasons for the same being recorded.
[13] The CBI recently arrested the Medical Council of India's former president Ketan Desai and three others under this act, for allegedly accepting a bribe to permit Patiala-based Gyan Sagar Medical College to recruit a fresh batch of students without having an adequate infrastructure.