Punishment for attempt
Section 15 of the Prevention of Corruption Act, 1988 deals with punishment for attempt. Whoever attempts to commit an offence referred to in [clause (a)] of sub-section (1) of section 13 shall be punishable with imprisonment for a term [which shall not be less than two years but which may extend to five years] and with fine. The Act came into force on 09 Sep 1988.
Whoever attempts to commit an offence referred to in 1[clause (a)] of sub-section (1) of section 13 shall be punishable with imprisonment for a term 2[which shall not be less than two years but which may extend to five years] and with fine.
Section 15, The Prevention of Corruption Act, 1988 (Act 49 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State Tr. Insp. of Police vs A. Arun Kumar
Court's Decision & Legal Precedent
At the initial stage of criminal proceedings when considering whether to frame charges under Sections 227-228 (or 238-239) CrPC, if material on record discloses grave suspicion against the accused that has not been properly explained, the court is fully justified in framing charges and proceeding with trial, even if the strength of suspicion would not suffice for conviction. The test for prima facie case depends on broad probabilities and total effect of documents and evidence on record, not on conviction-level proof. Documentary evidence showing material discrepancies (such as added digits inflating quantities and values in export documents) that raise grave suspicion against accused is sufficient to frame charges, notwithstanding absence of eyewitness testimony, so long as the ingredients of alleged offences are discernible on the face of the material.
On this section: Punishment for attempt - Court clarified that this can be invoked for attempt to commit offences under Section 13(1) without requiring prior charges under Section 13(1)(c) or (d)
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State Th. Cbi vs Parmeshwaran Subramani
Court's Decision & Legal Precedent
Section 12 of the Prevention of Corruption Act, 1988, which provides for punishment of abetment of offences under Sections 7 or 11, is not listed in Section 19 of the Act. By virtue of this express omission, the legislature's intention is that previous sanction as required under Section 19 is not necessary for taking cognizance of an offence punishable under Section 12. Courts cannot, through interpretation, read Section 12 into the ambit of Section 19, as this would amount to rewriting the statute. When statutory language is clear and unambiguous, the courts must apply literal interpretation and cannot add words or supply omissions except in cases of clear necessity found within the four corners of the statute itself.
On this section: Explicitly listed in Section 19 as requiring sanction
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 15
What have the courts held on Section 15 of the Prevention of Corruption Act?
State Tr. Insp. of Police vs A. Arun Kumar (17 Dec 2014) is the leading judgment on this section among those set out below: Punishment for attempt - Court clarified that this can be invoked for attempt to commit offences under Section 13(1) without requiring prior charges under Section 13(1)(c) or (d). Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2009 to 2014.
How do I find court cases under Section 15 of the Prevention of Corruption Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: PC Act 15, section 15 PC Act, section 15 of the Prevention of Corruption Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State Tr. Insp. of Police vs A. Arun Kumar (17 Dec 2014).
What should I read with Section 15 of the Prevention of Corruption Act, and has it changed?
Its own text turns on section 13 (Criminal misconduct by a public servant), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 15 of the Prevention of Corruption Act come into force?
Section 15 of the Prevention of Corruption Act, cited as PC Act 15, came into force on 09 Sep 1988, having been enacted on 09 Sep 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties1666 words
- 19. Previous sanction necessary for prosecution869 words
- 2. Definitions716 words
- 9. Offence relating to bribing a public servant by a commercial organisation532 words
- 6. Power to try summarily374 words
- 5. Procedure and powers of special Judge368 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.