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Writer's picturethelila500
Feb 25, 20233 min read

How Can I Report Criminal Activities Of Public Servant?

A healthy democracy is attacked at its very core by the evil of corruption. It fosters inequality and poses a significant obstacle to inclusive development. In other words, corruption involves using one's position of power or influence improperly to benefit oneself or others.


Laws Pertaining to Corruption by Public Servants


Indian Penal Code of 1860

  • According to the Indian Penal Code, a "public servant" is a person employed by the government, an officer in the military, navy, or air force, a police officer, a judge, a member of the Court of Law, or any other local authorities established by a state or federal law.

  • A public servant who buys or bids on the property without authorization is in violation of Section 169 of the Indian Penal Code. If a public servant breaks the law, they could receive a fine, a prison sentence of up to two years, or both.

  • The criminal breach of trust by any public servant is covered under the virtue of Section 409 of the Indian Penal Code. The public servant will get a fine and a sentence of life imprisonment or up to 10 years.

The Prevention of Corruption Act of 1988

  • In addition to the parties covered by the IPC, the term "public servant" also refers to officials working for banks, universities, the Public Service Commission, and cooperative societies that receive government funding.

  • A public servant who accepts gratification other than his legal salary in exchange for performing official duties or trying to persuade other employees faces a minimum jail sentence of six months, a maximum of five years in prison, and a fine. A public servant is also punished under the act because he used his official power for personal gain and to influence the public illegally.

  • A public servant who accepts something valuable from someone in his or her official capacity without compensating for it or paying insufficiently for the valuable thing will be punished with a minimum of six months and a maximum of five years in imprisonment and a fine.

  • Prior approval from the federal or state governments is required to prosecute a public servant.

Benami Transactions (Prohibition) Act of 1988

  • Except when a person buys property in his wife's or unmarried daughter's name, the Act forbids any benami transaction (purchasing property in the name of another person but not paying for it).

  • Anyone who engages in a benami transaction is subject to a fine and/or a sentence of up to three years in jail.

  • Any property that is considered to be Benami could be obtained by a designated authority, and no money needs to be paid in the process.

Prevention of Money Laundering Act of 2002

  • According to the Act, money laundering is committed whenever a person participates in any procedure involving the proceeds of crime and presents those proceeds as untainted property. The term "proceeds of crime" refers to any assets acquired by an individual as a result of criminal activity connected to specific offenses enumerated in the Act's schedule. Only after being accused of committing a scheduled offense may someone be charged with money laundering.

  • Money laundering is a crime that carries a harsh three - seven years prison sentence and a maximum fine of 5 lakh rupees. If someone is found guilty of a crime under the Narcotics Drugs and Psychotropic Substances Act of 1985, they might face up to a maximum term of confinement of up to ten years.

Procedure followed to Charge Dishonest Public Servants

  • Under the Indian Penal Code of 1860 and the Prevention of Corruption Act of 1988, the Central Bureau of Investigation (CBI) and the state Anti-Corruption Bureau (ACB) look into cases of corruption.

  • The Central Vigilance Commission (CVC) is a legislative organization that oversees corruption investigations in government agencies. This department has the authority to decide whether to take any punitive proceedings against a public servant.

  • An investigating agency can only file charges after receiving the state or federal government's approval. Government-appointed prosecutors carry out the prosecution process in courts.

  • Special Judges chosen by the federal or state governments preside over all trials conducted according to the Prevention of Corruption Act of 1988.

You can hire a lawyer to report criminal activities of a public servant. If you want to report criminal activities of a public servant in Pune, then a Criminal Lawyer in Delhi can be hired and if you want to report criminal activities of a public servant in Ghaziabad, then a Criminal Lawyer in Ghaziabad can be hired. Similarly, a Criminal Lawyer Delhi can be hired if you want to report criminal activities of a public servant in Delhi.


At Lead India, you can talk to a lawyer. You can obtain free legal advice and ask a legal question online free to lawyers at Lead India.


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