Understanding Public Servants & Meaning of Good Faith
Section 21: Public Servant - Government Servants (State & Central), Judges in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
Section 52: God faith - Nothing is said to be done or believed in good faith which is done or believed without due care and attention.
Section 77: Act of Judge when acting judicially. Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
Abuse of power and corruption by Public Servant
OFFENCES UNDER IPC:
GENERAL SECTIONS:
Section 21- Public Servant
Section 52- God faith
OFFENCES BY OR RELATING TO PUBLIC SERVANT:
Section 166- Public Servant disobeying law to cause injury
Section 167- Public Servant Framing incorrect documents
Abuse of power and corruption by Public Servant
ACTS OF FALSE EVIDENCE (Offences under IPC):
Section 191 - Giving false evidence
Section 192 - Fabricating false evidence
Section 195- Fabricating false evidence to procure punishment of death or life
Section 197- Issuing of signing false certificate
Section 213- Taking gift to save offender
Section 219- Public Servant in Judicial Proceedings corruptly making a report
Section 409- Criminal Breach of Trust by Public Servant
Abuse of power and corruption by Public Servant
OFFENCES UNDER PREVENTION OF CORRUPTION ACT:
Section 7: Public Servant taking gratification
Section 10: Public Servant abetting or influencing others to take gratification
Section 11: Public Servant taking valuable things
Section 13(1): Criminal misconduct by Public Servant (for below)
Section 13(1)(a): habitually taking or asking gratification
Section 13(2)(b): habitually taking or asking valuable things
Section 13(1)(c): converting any property for personal use
Section 13(1)(d) asking for pecuniary advantages
Section 13(1)(e): having disproportionate assets
Abuse of power and corruption by Police Officers
OFFENCES UNDER IPC:
GENERAL SECTIONS:
Section 21: Public Servant
Section 52: Good Faith
OFFENCES BY OR RELATING TO POLICE OFFICERS OR PUBLIC SERVANT UNDER IPC
Section 166: Public Servant disobeying law to cause injury
Section 166(a): Disobeying direction under law E.g, not filing FIR in cognizable offences
Section 167: Public Servant framing incorrect documents
Abuse of power and corruption by Police Officers
OFFENCES/ACTS OF FALSE EVIDENCE AGAINST PUBLIC JUSTICE IN IPC:
Section 191 - Giving false evidence
Section 192 - Fabricating false evidence
Section 195- Fabricating false evidence to procure punishment of death or life
Section 195(a)- Threatening to give false evidence
Section 197- Issuing or signing false certificate (FIR/Charge sheet/Closure Report)
Section 213- Taking gift to save an offender
Section 215- Taking gifts to recover stolen property
Section 219- Making false report in Judicial Proceedings
Section 409- Criminal Breach of trust by Public Servant or Police
Abuse of power and corruption by Police Officers
OFFENCES UNDER PREVENTION OF CORRUPTION ACT:
Section 7- Public Servant taking gratification
Section 10- PS abetting or influencing others to take gratification
Section 11- PS taking valuable things
Section 13(1): Criminal misconduct by PS or Police Officer for below:
13(1)a- by habitually taking or asking gratification
13(2)b- by habitually taking our asking valuable things
13(1)c- PS converting any property for personal use
13(1)d- PS asking for pecuniary advantages
13(1)e- PS having disproportionate assets
*PS- Public Servant
Abuse of power and corruption by Politician
OFFENCES UNDER IPC:
Section 177(g)- False statement in connection of elections
Section 177(h)- Alleged payments in connection of elections
Section 177(i)- Failure to keep election accounts
ACTS OF FALSE EVIDENCE AGAINST PUBLIC JUSTICE
Section 191 - Giving false evidence:
Section 192 - Fabricating false evidence
Section 195- Fabricating false evidence to procure punishment of death or life
Section 195(a)- Threatening to give false evidence
Section 197- Issuing or signing false certificate
Section 213- Taking gift to save an offender
Section 409- Breach of trust by Public Servant
Abuse of power and corruption by Politician
OFFENCES UNDER PREVENTION FROM CORRUPTION ACT:
Section 8- Taking gratification to influence PS through others
Section 9- Taking gratification to influence through PS personally
Section 12- Abetting Public Servant to take gratification or valuable things
Section 13(1): Criminal misconduct by PS or Politician for below:
Section 13(1)a: by habitually taking or asking gratification
Section 13(2)b: by habitually taking our asking valuable things
Section 13(1)c: Public Servant converting any property for personal use
Section 13(1)d: Public Servant asking for pecuniary advantages
Section 13(1)e: Public Servant having disproportionate assets
*PS- Public Servant
Abuse of power and corruption by Politician
DISQUALIFICATION UNDER REPRESENTATION OF PEOPLE ACT:
Section 8: For conviction with certain offences
Section 8A: For corrupt practices
Section 9: If dismissed for corruption or disloyalty
Section 9A: Government contracts
Section 10: Government Company
Section 10A: Failure to lodge account of election
OFFENCES UNDER BENAMI TRANSACTIONS ACT:
Section 53: Penalty for Benami Transaction
Section 54: Penalty for False Information
Abuse of power and corruption by Judges
OFFENCES UNDER IPC:
GENERAL:
Section 21-Public Servant
Section 52- Good Faith
Section 77- Acts of judges when acting judicially
OFFENCES BY OR RELATING TO PUBLIC SERVANTS OR JUDGES:
Section 166- Disobeying laws to cause injury
Abuse of power and corruption by Judges (Continued)
ACTS OF FALSE EVIDENCE AGAINST PUBLIC JUSTICE:
Section 213- Taking gift to save an offender
Section 219- Judges in Judicial Proceedings corruptly making reports
Section 409- Breach of trust by Public Servant
JUDGES PROTECTION ACT:
Section 3(1)- Additional protection to Judges in case of Arrest
Section 3(2)- Power to arrest or take action against Judges
Abuse of power and corruption by Judges
OFFENCES UNDER PREVENTION FROM CORRUPTION ACT:
Section 7- Public Servant taking gratification
Section 10- PS abetting or influencing others to take gratification
Section 11- PS taking valuable things
Section 13(1): Criminal misconduct by PS or Judge (for below):
Section 13(1)a- habitually taking or asking gratification
Section 13(1)b- habitually taking our asking valuable things
Section 13(1)c- converting any property for personal use
Section 13(1)d- asking for pecuniary advantages
Section 13(1)e- having disproportionate assets
How to act or report against the abuse of powers by various types of Public Servant
Complaint can be made Under Section 154 of CrPc to police official/Anti Corruption Bureau or CBI depending on the case
If no action is taken the report to higher official
After reporting to Higher Official and still no action taken, Complaint Under Section 200 CrPC before the Magistrate and it has to be filed in front of Special Courts or Lokayukta Court according to the nature of offence.
Previous Sanction is necessary under CrPc Section 197 or under Section 19 of Prevention of Corruption Act
If abuse or corruption by Judge, Report to High Court Vigilance Commission, Apply for Annual Property Returns through RTI
Understanding Previous Sanctions
For offences related to IPC Previous Sanction is required under Section-197 of CrPc and for offences under Prevention of Corruption Act previous sanction is required Section 19 of PC Act
Stages of taking previous sanction
Previous Sanction is NOT REQUIRED before and after filing FIR
Required only at the time of taking Cognizance by Magistrate/Special Judge under 190(4) or 193 of CrPc
If Public Servant is Retired, Previous Sanction is not required
If offence not done while discharging duty, Previous sanction is not required