5 Key Prohibitions under Section 9 Prevention of Corruption Act

5 Key Prohibitions under Section 9 Prevention of Corruption Act

India’s Prevention of Corruption Act, 1988 (PCA) is a vital legal framework that aims to deter corruption by public servants and provide effective mechanisms to investigate and prosecute corrupt officials. Section 9 of the PCA is particularly crucial, as it outlines the various prohibitions relating to the acceptance of bribes or other gratification by public servants. In this article, we’ll explore the five key prohibitions under Section 9 of the Prevention of Corruption Act.

Prohibition on Obtaining undue advantage

Section 9(1) of the PCA states that it is strictly prohibited for a public servant to obtain without consideration any undue advantage, pecuniary or otherwise. This prohibition covers all such considerations that are not authorized by law or have no merit in terms of service delivery. The prohibition extends to delay in official work, giving out of contracts, allotment of licenses and permits, and more.

Prohibition on accepting gratification

Section 9(2) of the PCA prohibits the acceptance of gratification by public servants, either for themselves or for another person. “Gratification” here means any gratification, other than legal remuneration, in cash or kind, and covers any gifts, rewards, or payments.

Prohibition on acquiring valuable things at a price below market value

Section 9(3) of the PCA explicitly prohibits public servants from obtaining any valuable thing or property at a price below its market value. The provision covers the act of receiving or purchasing the property at an undervalued price. This prohibition primarily aims to prevent public servants from accumulating assets disproportionate to their known sources of income.

Prohibition on obtaining valuable things from an illegal source

Section 9(4) of the PCA prohibits public servants from obtaining valuable things from a person whom the public servant knows or has a reason to believe has obtained them by an illegal source, or by virtue of his position as a public servant.

Prohibition on holding disproportionate assets

Section 9(5) of the PCA is perhaps the most well-known prohibition under the section. It prohibits public servants and their relatives from holding assets disproportionate to their known sources of income. It covers assets like money, jewelry, property, or vehicles that are above the known sources of income of the public servant and can only be assumed to have been obtained illegally.

Conclusion

The five prohibitions outlined under Section 9 of the Prevention of Corruption Act play a significant role in curbing corruption by public servants. These prohibitions serve as strong deterrents to corrupt practices and provide an effective legal framework for the prosecution of such offenses. Adherence to these regulations will not only promote transparency but will also help in curbing the menace of corruption that plagues our society. It is crucial for all public servants to understand the implications of Section 9 of the PCA and act in accordance with the law to promote a more equitable and just society.

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