Section 17A of the new Prevention of Corruption(Amendment) Act 2018
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
“12. Whoever abets any offence punishable under this Act, whether or not Punishment
that offence is committed in consequence of that abetment, shall be punishable with for abetment
imprisonment for a term which shall be not less than three years, but which may of offences.
extend to seven years and shall also be liable to fine.”.
7. In section 13 of the principal Act, for sub-section (1), the following shall be Amendment
substituted, namely:— of section 13.
“(1) A public servant is said to commit the offence of criminal misconduct,—
( a) if he dishonestly or fraudulently misappropriates or otherwise
converts for his own use any property entrusted to him or any property under
his control as a public servant or allows any other person so to do; or
(b) if he intentionally enriches himself illicitly during the period of his
office.
Explanation 1.—A person shall be presumed to have intentionally enriched himself
illicitly if he or any person on his behalf, is in possession of or has, at any time during the
period of his office, been in possession of pecuniary resources or property disproportionate to
his known sources of income which the public servant cannot satisfactorily account for.
Explanation 2.—The expression „„known sources of income‟‟ means income
received from any lawful sources.”.
8. For section 14 of the principal Act, the following section shall be substituted, Substitution of
namely:— new section for
section 14.
“14. Whoever convicted of an offence under this Act subsequently commits Punishment
an offence punishable under this Act, shall be punishable with imprisonment for a for habitual
term which shall be not less than five years but which may extend to ten years and offender.
shall also be liable to fine.”.
9. In section 15 of the principal Act, for the words, brackets and letters “clause (c) Amendment
or clause (d)”, the word, brackets, and letter “clause (a)” shall be substituted. of section 15.
10. In section 16 of the principal Act,— Amendment of
section 16.
(a) for the words, brackets and figures, “sub -section (2) of section 13 or
section 14”, the words, figures and brackets “section 7 or section 8 or section 9 or
section 10 or section 11 or sub-section (2) of section 13 or section 14 or section 15”
shall be substituted;
(b) for the word, brackets and letter “clause (e)”, the word, brackets and letter
“clause (b)” shall be substituted.
11. In section 17 of the principal Act, in the second proviso, for the words, brackets, Amendment of
letter and figure “clause (e) of sub-section (1)”, the words, brackets, letter and figure section 17.
“clause (b) of sub-section (1)” shall be substituted.
12. After section 17 of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
17A.
“17A. (1) No police officer shall conduct any enquiry or inquiry or Enquiry or
investigation into any offence alleged to have been committed by a public servant Inquiry or
under this Act, where the alleged offence is relatable to any recommendation made investigation
of offences
or decision taken by such public servant in discharge of his official functions or relatable to
duties, without the previous approval— recommendations
(a ) in the case of a person who is or was employed, at the time when made or
the offence was alleged to have been committed, in connection with the decision taken
by public
affairs of the Union, of that Government; servant in
(b ) in the case of a person who is or was employed, at the time when discharge of
the offence was alleged to have been committed, in connection with the official
functions or
affairs of a State, of that Government;
duti
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(c) in the case of any other person, of the authority competent to
remove him from his office, at the time when the offence was alleged to have
been committed:
Provided that no such approval shall be necessary for cases involving arrest of a
person on the spot on the charge of accepting or attempting to accept any undue
advantage for himself or for any other person:
Provided further that the concerned authority shall convey its decision under this
section within a period of three months, which may, for reasons to be recorded in writing
by such authority, be extended by a further period of one month.‟‟.
Insertion of 13. After Chapter IV of the principal Act, the following Chapter shall be inserted,
new Chapter
namely:—
IVA.
„CHAPTER IV A
ATTACHMENT AND FORFEITURE OF PROPERTY
Provisions of 18A. (1) Save as otherwise provided under the Prevention of Money
Criminal Law A Laundering Act, 2002, the provisions of the Criminal Law Amendment Ordinance, 15 of 2003.
mendment
Ordinance,
1944 shall, as far as may be, apply to the attachment, administration of attached Ord. 38 of
1944 to apply to property and execution of order of attachment or confiscation of money or property 1944.
attachment procured by means of an offence under this Act.
under this Act.
(2) For the purposes of this Act, the provisions of the Criminal Law
Amendment Ordinance, 1944 shall have effect, subject to the modification that the Ord. 38 of
references to “District Judge” shall be construed as references to “Special Judge”.‟. 1944.
Amendment of 14. In section 19 of the principal Act, in sub-section (1),—
section 19.
(i) for the words and figures “sections 7, 10, 11, 13 and 15”, the words and
figures "sections 7, 11, 13 and 15" shall be substituted;
(ii) in clause (a), for the words "who is employed", the words “who is
employed, or as the case may be, was at the time of commission of the alleged
offence employed” shall be substituted;
(iii) in clause (b), for the words “who is employed”, the words “who is
employed, or as the case may be, was at the time of commission of the alleged
offence employed” shall be substituted;
(iv) after clause (c), the following shall be inserted, namely:—
“Provided that no request can be made, by a person other than a police officer
or an officer of an investigation agency or other law enforcement authority, to the
appropriate Government or competent authority, as the case may be, for the previous
sanction of such Government or authority for taking cognizance by the court of any of
the offences specified in this sub-section, unless—
(i) such person has filed a complaint in a competent court about the
alleged offences for which the public servant is sought to be prosecuted; and
(ii) the court has not dismissed the complaint under section 203
of the Code of Criminal Procedure, 1973 and directed the complainant 2 of 1974.
to obtain the sanction for prosecution against the public servant for
further proceeding:
Provided further that in the case of request from the person other than a
police officer or an officer of an investigation agency or other law enforcement
authority, the appropriate Government or competent authority shall not accord
sanction to prosecute a public servant without providing an opportunity of being
heard to the concerned public servant:
Provided also that the appropriate Government or any competent authority
shall, after the receipt of the proposal requiring sanction for prosecution of a public
servant under this sub- section, endeavour to convey the decision on such proposal
within a period of three months from the date of its receipt:
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