Understanding the Section 8 of Prevention of Corruption Act: A Comprehensive Guide
Corruption is a problem that plagues societies across the globe, and India has been no exception. The Prevention of Corruption Act was enacted in 1988 to combat corruption in India. One of the most crucial sections of this act is Section 8. In this article, we aim to provide a comprehensive guide on understanding Section 8 of the Prevention of Corruption Act.
What is Section 8 of the Prevention of Corruption Act?
Section 8 of the Prevention of Corruption Act deals with the offence of taking gratification in order to influence public servants. According to this section, if someone offers or promises to offer any kind of gratification to a public servant, with the intention of inducing that public servant to do any kind of official act or to show any favour before taking any official action, then they will be guilty of taking gratification.
Who is considered a public servant according to this act?
The Prevention of Corruption Act defines a public servant as anyone who is employed by the government or holds a position of power in the government. This includes elected officials, civil servants, and judges.
What constitutes gratification according to this act?
Gratification can be anything of value such as money, a promotion, a gift or even a promise of future favours. Even the promise of not doing an official act can also be considered gratification under this act.
What is the punishment for violating Section 8 of the Prevention of Corruption Act?
If a person is found guilty of taking gratification under Section 8 of the Prevention of Corruption Act, they can face imprisonment for a period of up to 7 years and a fine. Additionally, if the person is a public servant, they can lose their job and be disqualified from holding any public office in the future.
Examples of how Section 8 can be violated
One of the prime examples of Section 8 being violated is the infamous 2G spectrum scam in India. In this case, certain public officials were accused of taking huge bribes for awarding telecom licenses. The bribes were given in the form of kickbacks or gratification, violating Section 8 of the act.
Conclusion
Section 8 of the Prevention of Corruption Act plays a vital role in curbing corruption in India. It is essential to understand the provisions of this act to create an atmosphere of transparency and accountability. Instituting a culture of honesty and integrity can go a long way in tackling corruption, and Section 8 can serve as a deterrent for those who may seek to indulge in corruption. Let us all strive towards a corruption-free society.
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