DiU No. 30 of 1955.

THE PREVENTION OF CORRUPTION (AMENDMENT)

BILL, 1955
(As INTRODUCED IN LOB: SABHA)

BILL

further to amend the Prevention of COM'Uption Act, 1947, and to

make a consequential amendment in the Criminal Law Amend-
ment Act, 1952.
BE it enacted by Parliament in the Sixth Year of the Republic of
India as follows:-
1. This Act may be called the Prevention of Corruption (Amend- Short title.
ment) Act, 1955.

S 2. In section 3 of the Prevention of Corruption Act, 1947 (herein- Amendment

If
after referred to as the principal Act), for the words and figures 'or ~c~ln ~f
section 165', the words and figures 'section 162, section 163, section 1:'7.
164, section 165' shall be substituted.

'0 3. In section 5A of the principal Act, after the words and figures Amend.m~1
'under section 161', the words and figures 'section 162, section 163, ~t A:I¥oo~
section 164,' shall be inserted. 1947.

4. In section 6 of the principal Act, in sub-section (1), after the Amendment

words and figures 'under section 161', the words and figures 'or ofsecrion 6,
section 164' shall be inserted. ~:7. II Gf
5. In section 6 of the Criminal Law Amendment Act, 1952, in Amendment
clause (a) of sub-section (1), after the words and figures 'under Ifc~xt~I ~
section 161', the words and figures 'section 162, section 163, section 19S30
164 " shall be inserted.
 STATEMENT OF OBJECTS AND REASONS
Offences under sections 161, 165 and 165A I.P.C. are made cogni-
zable under section 3 of the Prevention of Corruption Act, 1947, but
offences under sections 162, 163 and 164 I.P.C. continue to be non-
cognizable with the result that there is at present no effective method
of dealing with touts and agents through whom corrupt officials
secure bribes and illegal gratification. It is,therefore, proposed to
amend section 3 of the Prevention of Corruption Act, 1947 so as to
make offences under sections 162, 163 and 164 I.P.C. also cognizable.
The Bill makes certain other consequential amendments in that Act
and in the Criminal Law AIn"ndment Act, 1952.
NEW DEuu; G. B. PANT.
The 13th June, 1955.
 ANNEXURE
EXTRACTS FROM THE PREVBNTlON OF CORRUPTION A~, 1947

(No. II OF 1947)
• • • • • • •
3. An offence punishable under section 161 or section 165 or Offence. un-
XLV Of186o. section 165A of the Indian Penal Code shall be deemed ~6~ =d~:;
to be a cognizable offence for the purposes of the Code of Criminal Of the Penal
Vof 1898. Procedure, 1898, notwithstanding anything to the contrary contained ~~glebe
therein. offeocea.

• • • • • • •
5A. Notwithstanding anything contained in the Code of Criminal InvCltiga-
V of 1898. Procedure, 1898, no police officer below the rank- tion 2~to
cues u....er
tbie Act.
(a) in the presidency towns of Madras and Calcutta, of an
assistant commissioner of police,
(b) in the presidency town of Bombay, of a superintendent
of police, and
(c) elsewhere, of a deputy superintendent of police.
shall investigate any offence punishable under section 161, section
XLV of 165 or section 165A of the Indian Penal Code or under sub-section
1860~
-(2) of section 5 of this Act, without the order of a presidency magis-
trate or a magistrate of the first-class, as the case may be, or make
any arrest therefor without a warrant: -
Provided that a police officer of the Delhi Special Police Establish-
ment, not below the rank of an inspector of police, who is specially
authorised by the Inspector-General of Police of that Establishment
may, if he has reasons to believe that, on account of the delay involv-
ed in obtaining the order of a magistrate of the first-class, any valu-
able evidence relating to such offence is likely to be destroyed or
concealed, investigate the offence without such order; but in every
case where he makes such investigation, the police officer shaU, as
soon as may be, send a report of the same to a magistrate of the
first-class, together with the circumstances in which the investiga-
tion was made.
6. (1) No Court shall take cognizance of an offence punishable Prevl~us
under section 161 or section 165 of the Indian Penal Code or under :~~n ~~;
sub-section (2) of section 5 of this Act, alleged to have been proaecudnn.
committed by a public servant except with the previous sanction,-
• • • • •
... •
3
 4
EXTRACTS FROM THE CRIMINAL LAw AMI:NDMENT ACT, 1952
(No. XLVI OF 1952)
• • • • • • •
Power to 6. (1) The State Government may, by notification in the Official
appoint ape
cia) judlet. Gazette, appoint as many special judges as may be necessary for such
area or areas as may be specified in the notification to try the follow-
ing offences, namely: - .
(a) an offence punishable under section 161, section 165 or
section 165A of the Indian Penal Code or sub-section (2) of sec- XLV of 186<>
tion 5 of the Prevention of Corruption Act, 1947; II of 1947•
• • • • • • •
t
 LOK SABHA

A
BILL
further to amend the Prevention of Comtption Act, 1947, and
to make a consequential amendment in the Criminal Law
Amendment Act, 1952.

(Shri GOfJind Ballabh Pant;

Minister of Home Affairs.)