In India, offenses related to corruption and misconduct by public servants are addressed under laws such as the Prevention of Corruption Act, 1988, the Indian Penal Code (IPC), 1860, the Prevention of Money Laundering Act, 2002, and the Benami Transactions (Prohibition) Act. The Central Bureau of Investigation (CBI) often handles high-profile corruption cases and complex investigations involving public servants, private entities, and corporate fraud.
The Prevention of Corruption Act, 1988 is a cornerstone law targeting corrupt practices and enhancing transparency and accountability among public servants.
Key Provisions of the Prevention of Corruption Act, 1988
Section 13: Criminal Misconduct by Public Servants
A public servant is guilty of criminal misconduct if they:
- Misappropriate Property: Dishonestly or fraudulently misappropriate or convert entrusted property for personal use.
- Illicit Enrichment: Intentionally enrich themselves beyond their known sources of income during their term of office.
Punishment:
- Imprisonment for a term of 4 to 10 years, along with fines.
Who is a Public Servant?
Defined under Section 2(c) of the Act, public servants include:
- Individuals employed by the Government or local authorities.
- Employees of corporations established by Central or State Acts.
- Judges, arbitrators, or other individuals performing judicial functions.
- Office-bearers of cooperative societies receiving government financial aid.
- Chairpersons, members, or employees of service commissions or boards.
- Professors, lecturers, or employees of universities or public authorities conducting examinations.
Key Offenses Addressed by the Act
- Bribery: Receiving or giving any undue advantage to influence decisions.
- Misappropriation: Fraudulent use of government property or resources.
- Possession of Disproportionate Assets: Holding assets exceeding known lawful income sources.
- Benami Transactions: Conducting transactions in someone else’s name to hide illegal wealth.
- Money Laundering: Concealing or processing illicit funds under the Prevention of Money Laundering Act, 2002.
CBI’s Role in Anti-Corruption Cases
The CBI investigates high-profile corruption cases, including those involving:
- Government officials and public sector employees.
- Corporate entities involved in bribery or financial fraud.
- Cases under the Benami Transactions Act or Prevention of Money Laundering Act.
CBI cases are handled in special courts with jurisdiction for corruption-related offenses.
Why Hire an Experienced CBI/Anti-Corruption Lawyer?
Legal proceedings in CBI or anti-corruption cases are highly technical and require expert representation. Kuber Bhatt Advocates and Anti-Corruption Lawyers in Mumbai specialize in:
- Representation in High Courts and Supreme Court: Expertise in defending individuals accused under the Prevention of Corruption Act and related laws.
- Handling CBI Investigations: Skilled in navigating CBI inquiries and ensuring fair legal proceedings.
- Bail Applications: Assistance with anticipatory and regular bail under stringent conditions.
- Defense Against Charges: Strong strategies to defend against allegations of bribery, fraud, or misappropriation.
- Appeals and Revisions: Filing appeals or revisions against acquittal or conviction.
Why Choose Kuber Bhatt Advocates?
With a proven track record in handling complex corruption and CBI cases, Kuber Bhatt Advocates is one of the leading legal teams in Delhi and Mumbai. They offer:
- Deep expertise in anti-corruption laws.
- A successful history of defending clients in CBI-led investigations.
- Strategic legal advice tailored to individual cases.
Whether you’re seeking legal representation for a CBI investigation or defense against anti-corruption charges, their team ensures strong advocacy and the best possible outcomes.