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