Corruption and money laundering offenses involving public servants in India are serious matters addressed under various legal frameworks, including the Prevention of Corruption Act, 1988, the Indian Penal Code, 1860, the Prevention of Money Laundering Act, 2002, and the Benami Transactions (Prohibition) Act. These offenses are punishable and are often handled by Special Jurisdiction Judges, specifically under the Sessions Judge or Special Court for Prevention of Corruption (PC) matters.
The Prevention of Corruption Act, 1988
This Act defines criminal misconduct by a public servant under Section 13. It establishes the offenses that can be committed by public servants, which include:
- Misappropriation of any property entrusted to the public servant or allowing another to do so.
- Illicit enrichment where the public servant accumulates wealth during their tenure by illegal means.
A public servant convicted of criminal misconduct is subject to imprisonment ranging from a minimum of 4 years to a maximum of 10 years, in addition to fines.
Who is Considered a Public Servant?
Under Section 2(c) of the Prevention of Corruption Act, 1988, a ‘public servant’ includes:
- A person in the service or pay of the government, or corporations established by law.
- Judges, including any person empowered by law to carry out adjudicatory functions.
- Individuals authorized by courts to perform duties related to justice administration, such as liquidators, receivers, or commissioners.
- Office-bearers of cooperatives engaged in public functions and receiving government aid.
- Members of any public commission or board handling exams or selections on behalf of the government.
Public servants under this definition are subject to legal scrutiny and can be prosecuted for any illegal activity that involves corruption or misconduct during their office tenure.
How We Can Help
Our team of experienced anti-corruption lawyers is adept at handling cases under the Prevention of Corruption Act, Money Laundering Act, and other related legal provisions. We provide expert representation for individuals accused of misconduct, helping them navigate the complexities of CBI investigations and trials. Whether you’re dealing with allegations of bribery, corruption, money laundering, or benami transactions, we are equipped to defend your case and ensure that justice is served.
We offer services including:
- Defense against corruption charges under the Prevention of Corruption Act, 1988.
- Representation in CBI cases and investigations.
- Expertise in defending money laundering charges under the Prevention of Money Laundering Act, 2002.
- Handling benami transaction cases and other related offenses.
With a deep understanding of the legal landscape surrounding CBI cases and anti-corruption law, our team provides strategic and effective defense, aiming to achieve the best possible outcomes for our clients.