Clarification required punishment under section 7 and sec 13(1)(d) PC Act

[Rahul Yadav]

Hi Sir,

My father has been charged under section 7, 13(1)(d) and 13(2) of PC act. The alleged date of event is 15th Feb 2017. What is the maximum punishment if in case he is convicted. I have heard varied figures from different people. e.g. most say imprisonment between one year and seven years under 13(2). Some say it has been revised to imprisonment between 7 and 10 years for newer cases – committed after a benchmark date. Can you please provide clarity.

Thanks.

[Dr. Ashok Dhamija]

Sections 7 and 13 of the Prevention of Corruption Act, 1988, were amended by Act No. 1 of 2014, and these specific amendments came into effect from 16 January 2014. As per these amendments:

• Offence under Section 7 of the PC Act is now “punishable with imprisonment which shall be not less than three years but which may extend to seven years and shall also be liable to fine”.
• Offence under Section 13(2) of the PC Act is now “punishable with imprisonment for a term which shall be not less than four year but which may extend to ten years and shall also be liable to fine”.

Any offence under the above provisions which occurred on or after 16 January 2014 will attract these new punishments. Since you have mentioned that the date of occurrence of the offence in case of your father is 15 February 2017, the above amended / mew provisions relating to punishment for these offences would be applicable in this case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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