Here is the complete Segment 1 (MCQs 1-20) based on The Prevention of Corruption Act, 1988.
MCQs on The Prevention of Corruption Act, 1988
Segment 1: MCQs 1-20
1. Under The Prevention of Corruption Act, 1988, who is considered a ‘public servant’?
A) Only government employees B) Only Ministers and Members of Parliament C) Any person performing public duty under statutory authority D) Only those receiving salaries from the Consolidated Fund of India
Answer: C Explanation: According to Section 2(c) of the Prevention of Corruption Act, 1988, a public servant includes not just government employees but also anyone performing a public duty under statutory authority. The Supreme Court in C.B.I. v. Ramesh Gelli (2016) clarified that even officers of private banks performing public duties could be considered public servants.
2. Which of the following is NOT an offence under the Prevention of Corruption Act, 1988?
A) Accepting illegal gratification B) Abetment of an offence under the Act C) Misuse of official position for personal gain D) Personal business dealings by a public servant
Answer: D Explanation:Sections 7, 8, 9, and 13 of the Prevention of Corruption Act, 1988 criminalize illegal gratification, abetment, and misuse of official position. However, a public servant engaging in personal business dealings (without corruption) is not an offence under the Act. The Supreme Court in P. Satyanarayana Murthy v. District Inspector of Police (2015) clarified that mere suspicion without proof of demand and acceptance does not constitute an offence.
3. Which Section of the Prevention of Corruption Act deals with ‘Punishment for Bribery’?
A) Section 7 B) Section 9 C) Section 13 D) Section 17
Answer: A Explanation:Section 7 of the Prevention of Corruption Act, 1988 prescribes punishment for a public servant who accepts or agrees to accept gratification, other than legal remuneration. The Supreme Court in B. Jayaraj v. State of Andhra Pradesh (2014) held that mere possession of money by a public servant does not prove bribery unless demand and acceptance are established.
4. What is the maximum punishment prescribed under Section 7 of the Prevention of Corruption Act, 1988?
A) 2 years imprisonment B) 5 years imprisonment C) 7 years imprisonment D) 10 years imprisonment
Answer: C Explanation:Section 7 of the Prevention of Corruption Act, 1988 prescribes a punishment of up to 7 years imprisonment or fine or both for public servants accepting bribes. The Supreme Court in M. Narsinga Rao v. State of A.P. (2001) clarified that the prosecution must establish demand and acceptance beyond reasonable doubt.
5. Which provision of the Act defines ‘criminal misconduct’ by a public servant?
A) Section 5 B) Section 7 C) Section 13 D) Section 15
Answer: C Explanation:Section 13 of the Prevention of Corruption Act, 1988 defines ‘criminal misconduct’ by a public servant, which includes possession of disproportionate assets, misusing official position, and obtaining illegal gratification. The Supreme Court in Subramanian Swamy v. Manmohan Singh (2012) ruled that corruption allegations against public servants must be investigated promptly.
6. Who is the competent authority to grant sanction for prosecution under the Prevention of Corruption Act, 1988?
A) The Prime Minister B) The President of India C) The authority competent to remove the accused from service D) The Chief Minister of the State
Answer: C Explanation:Section 19 of the Prevention of Corruption Act, 1988 requires prior sanction for prosecution from the authority competent to remove the accused from service. The Supreme Court in Dr. Subramanian Swamy v. Union of India (2014) emphasized the necessity of timely decision-making regarding sanction.
7. Under which section of the Act is ‘abetment of an offence’ punishable?
A) Section 9 B) Section 12 C) Section 14 D) Section 17
Answer: B Explanation:Section 12 of the Prevention of Corruption Act, 1988 makes the abetment of an offence punishable with the same punishment as the principal offence. The Supreme Court in State of Maharashtra v. Dnyaneshwar Laxman Rao Wankhede (2009) held that active participation or instigation is necessary for conviction under this section.
8. What is the punishment for criminal misconduct under Section 13 of the Prevention of Corruption Act, 1988?
A) Imprisonment up to 3 years B) Imprisonment up to 5 years C) Imprisonment up to 7 years D) Imprisonment up to 10 years
Answer: D Explanation:Section 13(2) prescribes punishment for criminal misconduct, which may extend up to 10 years, along with a fine. The Supreme Court in C.K. Jaffer Sharief v. State (2013) held that mere possession of disproportionate assets is insufficient; it must be proved that they were acquired through corrupt means.
9. Under which section of the Prevention of Corruption Act is the definition of ‘public duty’ provided?
A) Section 2(a) B) Section 2(b) C) Section 2(c) D) Section 2(f)
Answer: A Explanation:Section 2(a) of the Prevention of Corruption Act, 1988 defines ‘public duty’ as a duty in the discharge of which the State, public or community has an interest. The Supreme Court in Niranjan Hemchandra Sashittal v. State of Maharashtra (2013) held that interpretation of ‘public duty’ should be broad to cover all activities affecting the public interest.
10. Under which section does the Prevention of Corruption Act, 1988, require ‘prior sanction for prosecution’ of a public servant?
A) Section 17 B) Section 18 C) Section 19 D) Section 20
Answer: C Explanation:Section 19 of the Prevention of Corruption Act, 1988 mandates prior sanction from the competent authority before prosecuting a public servant. In Dr. Subramanian Swamy v. Manmohan Singh (2012), the Supreme Court ruled that undue delay in granting sanction could be challenged in court.
11. Under which section of the Prevention of Corruption Act, 1988, is the presumption of guilt established if illegal gratification is proved?
A) Section 7 B) Section 13 C) Section 20 D) Section 19
Answer: C Explanation:Section 20 of the Prevention of Corruption Act, 1988 provides for a presumption of guilt when it is proved that an accused public servant has accepted illegal gratification. The Supreme Court in P. Satyanarayana Murthy v. District Inspector of Police (2015) ruled that the prosecution must first prove demand and acceptance for this presumption to apply.
12. Which section of the Prevention of Corruption Act, 1988, provides for the investigation of offences under the Act?
A) Section 14 B) Section 16 C) Section 17 D) Section 18
Answer: C Explanation:Section 17 of the Prevention of Corruption Act, 1988 specifies that an investigation into offences under the Act must be conducted by an officer of the rank of Deputy Superintendent of Police or higher. In K. Veeraswami v. Union of India (1991), the Supreme Court ruled that even judges of the higher judiciary could be investigated under this provision with proper sanction.
13. What is the limitation period for taking cognizance of an offence under the Prevention of Corruption Act, 1988?
Answer: D Explanation:Section 19 of the Prevention of Corruption Act, 1988 does not prescribe any limitation period for taking cognizance of an offence. The Supreme Court in State of Madhya Pradesh v. Rameshwar (2009) clarified that corruption cases, being crimes against society, should not be barred by limitation.
14. What is the role of special judges under the Prevention of Corruption Act, 1988?
A) To investigate corruption cases B) To conduct trial of offences under the Act C) To grant sanction for prosecution D) To frame government policies against corruption
Answer: B Explanation:Section 3 of the Prevention of Corruption Act, 1988 mandates that offences under the Act shall be tried by special judges appointed by the government. The Supreme Court in A.R. Antulay v. R.S. Nayak (1988) upheld the necessity of special courts for expeditious trials in corruption cases.
15. Which of the following does NOT constitute an offence under the Prevention of Corruption Act, 1988?
A) Public servant taking bribe B) Public servant accepting gifts for official work C) Public servant misusing official position for personal gain D) Public servant receiving salary from the government
Answer: D Explanation: Receiving a salary from the government is not an offence under the Act, as it is legitimate remuneration. However, Sections 7, 8, 9, and 13 criminalize bribery, misuse of position, and other corrupt practices. In M. Narsinga Rao v. State of A.P. (2001), the Supreme Court held that illegal gratification must be proven beyond a reasonable doubt.
16. Under which provision of the Prevention of Corruption Act, 1988, can disproportionate assets be considered criminal misconduct?
A) Section 7 B) Section 11 C) Section 13(1)(e) D) Section 18
Answer: C Explanation:Section 13(1)(e) of the Prevention of Corruption Act, 1988 criminalizes possession of assets disproportionate to known sources of income. The Supreme Court in Krishnanand Agnihotri v. State of Madhya Pradesh (1977) ruled that the accused must satisfactorily explain the source of assets to avoid conviction.
17. What is the punishment for habitual offenders under the Prevention of Corruption Act, 1988?
A) Fine only B) Imprisonment up to 3 years C) Imprisonment up to 5 years D) Imprisonment up to 10 years
Answer: D Explanation:Section 14 of the Prevention of Corruption Act, 1988 prescribes a punishment of up to 10 years imprisonment for habitual offenders. In R. Balakrishna Pillai v. State of Kerala (1996), the Supreme Court upheld strict action against repeated corruption offences to deter misconduct.
18. Under which section of the Prevention of Corruption Act, 1988, does the court have the power to attach property obtained through corrupt means?
A) Section 5 B) Section 10 C) Section 15 D) Section 16
Answer: D Explanation:Section 16 of the Prevention of Corruption Act, 1988 empowers courts to attach and confiscate property acquired through corrupt means. The Supreme Court in S.P. Chengalvaraya Naidu v. Jagannath (1994) emphasized that fraud and corruption should not be allowed to succeed in legal proceedings.
19. Which of the following statements about the Prevention of Corruption Act, 1988, is FALSE?
A) It applies to both public and private sector employees B) It provides for mandatory confiscation of assets obtained through corruption C) It requires prior sanction for prosecution of public servants D) It establishes special courts for corruption cases
Answer: A Explanation: The Prevention of Corruption Act, 1988 applies primarily to public servants and does not cover private sector employees unless they perform a public duty. Sections 3, 13, and 19 provide for special courts, mandatory confiscation, and prior sanction. The Supreme Court in State of Maharashtra v. Gopalrao (2010) clarified that private employees are not covered unless they fall under ‘public duty’ as per Section 2(c).
20. Under the Prevention of Corruption Act, 1988, who can investigate offences against senior government officials?
A) Any police officer B) A DSP or officer above that rank C) A magistrate D) A private complainant
Answer: B Explanation:Section 17 of the Prevention of Corruption Act, 1988 states that offences against senior officials must be investigated by an officer of at least the rank of Deputy Superintendent of Police (DSP). The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2013) emphasized the need for prompt investigation in corruption cases.
I will now provide Segment 2 (MCQs 21-40) on The Prevention of Corruption Act, 1988
