The Prevention of Corruption Act, 1988 (PCA) is a central legislation enacted by the Parliament of India to consolidate and amend the law relating to the prevention of corruption, primarily targeting offences committed by public servants. Its origin lies in the need for a more effective anti-corruption framework than the existing provisions in the Indian Penal Code, 1860 and the earlier Prevention of Corruption Act, 1947, which it repealed. The 1947 Act, enacted on March 11, 1947, was the first post-independence statute aimed at curbing bribery among public servants, and the PCA, 1988, which commenced on September 9, 1988, strengthened these provisions.
The Act works by defining key offences in Chapter III, such as a public servant taking an "undue advantage" for an official act (Section 7) and "criminal misconduct" (Section 13). "Undue advantage" is defined as any gratification other than legal remuneration. The Act mandates the appointment of Special Judges (Section 3) for the expedited trial of cases. A crucial mechanism is the requirement of prior sanction from a competent authority for the prosecution of a public servant (Section 19).
The PCA connects to the Central Vigilance Commission (CVC), which recommends measures like the Integrity Pact to curb corruption. It also relates to the Lokpal and Lokayuktas Act, 2013, which established the institution of the Lokpal.
The Act was significantly amended by the Prevention of Corruption (Amendment) Act, 2018, which came into force on July 26, 2018. The amendment criminalized the act of giving a bribe (Section 8), which was previously only covered under abetment, and introduced liability for commercial organizations for bribing a public servant (Section 9). It also redefined "criminal misconduct" and introduced a provision for time-bound disposal of cases within two years. A new provision, Section 17A, was added, requiring prior approval for inquiry or investigation into decisions taken by a public servant in the discharge of official functions. The core focus on punishing the bribe-taking public servant remains, but the scope was widened to penalize the supply-side of corruption.