POLICE AND

CORRUPTION
 CORRUPTION :

• According to Webster dictionary corruption

means: : dishonest or illegal behavior especially by
powerful people (such as government officials or
police officers)
• The simplest definition is:

Corruption is the misuse of public power(by elected

politician or appointed civil servant)for private gain.
 Components of Corruption:
• Abuse. Corruption involves a violation of norms

of conduct or professional obligations – explicit

or implicit – arising from formal or other

entrusted duties.

• Entrusted power.

• Private gain.
 TYPES OF CORRUPTION

It can be categorized in three types. First is -

Political corruption, Second - Administrative
corruption and third one - Professional corruption.
• Political Corruption includes kidnapping, murder,
violence, injustice etc. To win in election, political
leaders are using wine, women, wealth and
everything among the people.
• Administrative Corruption includes persons
like higher authorities, officers, police
officers, clerks, peons, etc
• Professional Corruption means related to. It
includes duplicating medicines, duplicating
import items/theft items, duplicating
hygienic
 CORRUPTION IN INDIA
• India ranked 85th in Global Corruption perception Index

• India has had a history of corrupt government and

officials

• It is one of the most prominent problems in our country

• Every person in this country has experienced the effects

of corruption in our society. No one is Untouched from
its effects.
Corruption across various bodies
in India
100%
90%
80%
70%
60%
50%
40%
Series 1
30%
Series 2
20% Series 3
10%
0%
 POLICE AND CORRUPTION

• The police department is not untouched by the

corruption that is prevalent in the department at
almost every level and in different forms.

• Activities of government institutions have a direct

implication on the general public.

• Corruption also takes a toll on the hard-earned

money of the general public. The citizens pay
taxes that are given in the form of the salary to
the police official.
• If terrorism has taken countless lives, so has
corruption with its deep root in the police
department. A recent incident that took place in
Kanpur city of Uttar Pradesh stands as a testimony
to that. 

• The recent incident that took place in Kanpur is

the case of notorious mafia Vikas Dubey who
thrived on the corruption prevalent in the police
department.

• The fateful incident took place on 3 July 2020 in

the native village of Vikas Dubey where eight police
officers were shot down who was going to arrest
Vikas Dubey.
• It is supposedly believed that some corrupt
police officials who were on the payroll of
the mafia tipped him off about the arrest.

• This made him prepare for the ambush on

the cops which ultimately led to the death
of eight cops due to corruption.
• In Lalita Kumari vs. Govt.of 2 of 19 U.P.and
others (2013 it was noted by the Hon’ble
Supreme Court that police officials are duty-
bound to register a case that is brought to them.
Several times police officers stationed at the
police station failed to register the case of the
victim in the form of FIR because of the bribe
they received in return for that thereby
promoting corrupt practices.
• Incidents and instances like these are
common practice for corrupt police officials.

• The government and the people of India,

luckily, haven’t turned the blind eye towards
the corruption prevalent in different
government organizations including the police
department.

• Time and again there have been agitations and

protests to bring out strict laws to deal with
the prevailing corruption at different levels.
• A notable non-violent protest was started
by Anna Hazare in 2011 to make the Lokpal
bill more stringent and cover every official
from the top level to bottom under its
purview.

• Similarly there are other laws that seek to

curb the corruption prevalent in the
government organisation including the
police department. 
• Various Police departments play a very
important role in curbing Corruption not
only in Government agencies but also
private agencies like Trust, NGO’S and
corporate companies.
INDIAN LEGISLATIONS TO CURB
CORRUPTION

• The Prevention of Corruption Act, 2018 

• The Lokpal and Lokayuktas Act, 2013

• The Central Vigilance Commission Act,

2000

• RIGHT TO INFORMATION ACT, 2005

• THE BENAMI TRANSACTIONS
(PROHIBITION) ACT, 1988.

• FOREIGN CONTRIBUTION REGULATION

ACT, 2010
• India’s legislation relating to corruption and corrupt

practices includes a web of legislations and

Government regulations.

• The IPC criminalised various activities including

taking bribes, influencing a public servant through

corrupt and illegal means,12 and public servants

accepting valuables from accepting gifts.

• All these provisions Section 161 of the IPC to

Section 165A of the IPC were repealed by the POCA

 The Prevention of Corruption Act,
1988

• PCA is the primary anti-corruption act in India which

criminalises receipt of any undue advantage by ‘public

servants’ and the provisions of such undue advantage by

other persons.

• The term public servant includes any person in the service or

pay of any government, local authority, statutory corporation,

government company or any other body owned or aided by

the government, judges, arbitrators and employees of

institutions receiving state financial aid.

• The Hon’ble Supreme Court of India has also
clarified that employees of banks (Public and
Private) are considered public servants under the
PCA. (Central Bureau of Investigation, Bank
Securities & Fraud Cell v. Ramesh Gelli & Ors)
 OFFENCES AND PENALTIES

• CHAPTER III OF the act mentions various offences

• Taking gratification in order to influence public servant, by

corrupt or illegal means, shall be punishable with imprisonment
for a term which shall be not less than three year but which may
extend to seven years and shall also be liable to fine.

• Taking gratification, for exercise of personal influence with

public servant shall be punishable with imprisonment for a term
which shall be not less than six months but which may extend
to five years and shall also be liable to fine.
• Abetment by public servant of offences defined in Section 8 or 9,
shall be punishable with imprisonment for a term which shall be
not les than six months but which may extend to five years and
shall also be liable to fine.

• Public servant obtaining valuable thing without consideration

from person concerned in proceeding or business

• transacted by such public servant, shall be punishable with

imprisonment for a term which shall be not less than six months
but which may extend to five years and shall also be liable to fine.
• Punishment for abetment of offences defined in Section 7 or

11 shall be punishable with imprisonment for a term which

shall be not less than six months but which may extend to

five years and shall also be liable to fine.

• Any public servant, who commits criminal misconduct shall

be punishable with imprisonment for a term which shall be

not less than one year but which may extend to 7 years and

shall also be liable to fine.

• Habitual committing of offence under Section 8, 9
and 12 shall be punishable with imprisonment for a
term which shall be not less than two years but
which may extend to 7 years and shall also be liable
to fine
• The POCA Amendment Act has now extended the
scope of POCA to prosecute bribe givers, commercial
organizations and its officials.
 INVESTIGATION
• Investigation shall be done by a police officer not below the
rank of:

• In case of Delhi, of an Inspector of Police.

• In metropolitan areas, of an Assistant Commissioner of Police.

• Elsewhere, of a Deputy Superintendent of Police or an officer

of equivalent rank shall investigate any offence punishable
under this Act without the order of a Metropolitan Magistrate
or a magistrate of first class, or make any arrest therefore
without a warrant.
• Offences under the PCA is mostly investigated by
the CBI or by the state anti-corruption
departments of the police.
• Investigation of offences under POCA takes place
as per the procedure set out in the Code of
Criminal Procedure, 1973
 LOKPAL AND LOKAYUKT ACT, 2013

• The term Lokpal was coined in 1963 by Laxmi Mall

Singhvi, a member of parliament during Parliamentary
debate about grievance mechanisms
• The Administrative Reforms Commission (ARC) headed
by Morarji Desai submitted an interim report on "Problems
of Redressal of Citizen's Grievances" in 1966. In this
report, ARC recommended the creation of two special
authorities designated as 'Lokpal' and 'Lokayukta' for
redress of citizens' grievances.
• The Lokpal bill was first introduced in the Lok
Sabha in 1968. The version enacted in 2013 was
from a draft prepared in 2010.

•  The bill is an implementation of the Prevention of

Corruption Act, 1988. Eleven parliamentary panels
have been formed to discuss the Lokpal bill.
• This act acts independently from the
executive branch of the government. These
bodies have been empowered to investigate
allegations of corruption against the public
functionaries including the offences under
the PCA.
 COMPOSITION

• Under Sec 3 the Lokpal comprises of

The Lokpal shall consist of—

a) a Chairperson, who is or has been a Chief Justice of India or is

or has been a Judge of the Supreme Court or an eminent
person who fulfills the eligibility specified in clause (b) of
sub-section (3); and
(b) such number of Members, not exceeding eight out
of whom fifty per cent. shall be Judicial Members:

Provided that not less than fifty per cent. of the

Members of the Lokpal shall be from amongst the
persons belonging to the Scheduled Castes, the
Scheduled Tribes, Other Backward Classes,
Minorities and women.
 QUALIFICATION
• A person shall be eligible to be appointed,—

• (a) as a Judicial Member if he is or has been a Judge of the

Supreme Court or is or has been a Chief Justice of a High

Court;

• b) as a Member other than a Judicial Member, if he is a

person of impeccable integrity and outstanding ability having
special knowledge and expertise of not less than twenty-five
years in the matters relating to anti-corruption policy, public
administration, vigilance, finance including insurance and
banking, law and management.
 APPOINTMENT
• The Chairperson and Members shall be appointed by the
President after obtaining the recommendations of a Selection
Committee consisting of—

(a) the Prime Minister—Chairperson;

(b) the Speaker of the House of the People—Member;

(c) the Leader of Opposition in the House of the People—Member; 7

d) the Chief Justice of India or a Judge of the Supreme Court

nominated by him—Member;

(e) one eminent jurist, as recommended by the Chairperson and

Members
 INVESTIGATION

• For the purpose of Investigation the act establishes

2 wings

a. Inquiry Wing under section 11

b. Prosecution Wing Under section 12

 Inquiry wing

• Inquiry Wing is to be headed by the Director of Inquiry for

the purpose of conducting preliminary inquiry into any
offence alleged to have been committed by a public servant
punishable under the Prevention of Corruption Act, 1988
• Central Government shall make available such number of
officers and other staff from its Ministries or Departments,
as may be required by the Lokpal, for conducting
preliminary inquiries under this Act.
 Prosecution Wing

• Prosecution Wing headed by the Director of

Prosecution for the purpose of prosecution of
public servants in relation to any complaint
• The prosecution wing files the cases in special
courts (to be constituted by the central government
on recommendation of the Lokpal).
 JURISDICTION

• All corruption cases under the Prevention of Corruption Act,

1988.
• It covers MPs, Ministers, 'Group A' officers, 'Group A'
officers in a company or body owned by the government, any
officer of a government-financed society or trust or funded
by Foreign Contribution (Regulation) Act, 1976 or that gets
funds from the public.
• Excludes PM, judiciary and any action of an MP in the
Parliament or Committee.
 Central Vigilance Commission

• In February 1964, the Central Government

addressing the need to combat Corruption,
constituted the Central Vigilance Commission on
the recommendation of the Committee on
Prevention of Corruption, headed by Shri K.
Santhanam.
• Mr Nettoror Srinivasan Raust was selected as
first Chief Vigilance Commissioner of India. It
was created as an apex autonomous body to
control Corruption.
• The Central Vigilance Commission derives its
power from the Central Vigilance
Commission Act, 2003
 ENFORCEMENT DIRECTORATE

• ED investigates suspected violations of the

provisions of the FEMA (Foreign Exchange
Management Act). Suspected violations include;
non-realization of export proceeds, hawala
transactions, purchase of assets abroad,
possession of foreign currency in huge amounts,
non-repatriation of foreign exchange, foreign
exchange violations, and other forms of violations
under FEMA.
• ED has the power to attach the asset of the
culprits found guilty of the violation of FEMA.
“Attachment of the assets” means prohibition of
transfer, conversion, disposition or movement of
property by an order issued under Chapter III of
the Money Laundering Act Section 2(1) (d).
• Recently, The Enforcement Directorate
(ED) attached assets worth Rs 4.20 crore in
connection with its money laundering probe
in an extortion-cum-bribery case against
former Maharashtra home minister Anil
Deshmukh and his family.
 COMPTROLLER AND AUDITOR
GENERAL

• Comptroller and Auditor General is a constitutional

authority established under Article-148 of the
Constitution of India.
• Any financial transaction of the Central or State
government passes through its scanner.
• Democracy is considered healthy where acts of its
government are transparent and not veiled
• Thus CAG ensures this transparency by
conducting internal as well as statutory audits in
every governmental department or governmental
organizations.
• The primary function of the Comptroller and
Auditor General is to see that, money sanction by
parliament must be spent only for that purpose for
which it is sanctioned
 CENTRAL BUREAU OF
INVESTIGATION (CBI)

• The Anti-Corruption Division of the CBI has

handled cases against Chief Ministers, Ministers,
Secretaries to Government, Officers of the All India
Services, CMDs of Banks, Financial Institutions,
Public Sector Undertakings, etc. In the corruption
cases, the CBI deals with the
• Cases of corruption and fraud committed by public
servants of all Central Govt. Departments, Central
Public Sector Undertakings and Central Financial
Institutions.

• Economic crimes, including bank frauds, financial

frauds, Import Export & Foreign Exchange violations,
large-scale smuggling ofnarcotics, antiques, cultural
property and smuggling of other contraband items etc.
 RIGHT TO INFORMATION ACT, 2005

• The RTI Act requires public authority to publicly disclose

the functioning of the government.
• The information requested by the citizen is required to be
provided within 48 hours.
• An authority has been set under the RTI at the state and
central level to monitor complaints by the citizens.
• Such authorities are the Chief Information Commissioner
(CIC) at the central level and the state specific information
commissioners at the relevant state levels
• In recent years RTI has been proved to be a key
tool in the fight against the corruption. Requests
for the information by the activists and the citizens
have been successful in bringing to light instances
of corruption in government tenders and public
procurement programmes.
• The RTI Act promotes transparency in the
government and bureaucracy’s decision making
and by facilitating publication of official records.
FOREIGN CONTRIBUTION REGULATION ACT, 2010

• The FCRA prohibits the acceptance of the funds from

the foreign sources by persons including judges,
legislators, political parties, government officials
except with the permission of the CG. . Section 3 of
the FCRA

• The term foreign sources in the FCRA includes any

foreign citizen, company, entity, multinational

corporation, trust or foundation.

• NGOs receiving contribution from the foreign sources
requires to be registered under the FCRA and report
such contributions. Except the personal gifts valued up
to INR 25,000 are not prohibited.
• In case of a contravention of the terms of the
registration, the FCRA provides for the suspension or
cancellation of the license by the Central Government. A
contravention of the FCRA is punishable with
imprisonment up to 5 years or fine, or both.
• Example:
THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988

• The Act prohibits any benami transaction (purchase of property

in false name of another person who does not pay for the
property) except when a person purchases property in his wife’s
or unmarried daughter’s name.

• Any person who enters into a benami transaction shall be

punishable with imprisonment of upto three years and/or a fine.

• All properties that are held to be benami can be acquired by a

prescribed authority and no money shall be paid for such
acquisition.
 CONCLUSION

• Amongst all the executive wings of the

government, police department and police
officials have the maximum visibility and
they are constantly in touch with the general
public. Their conduct should be at their top
in order to send a good message to the public
and to win their trust
• Active participation of civil society and
media organizations in checking the
corruption prevalent in the police
department could help in reducing the

corruption up to some extent.

Thank You