Definitions
Section 2 of the Prevention of Corruption Act, 1988 deals with definitions. In this Act, unless the context otherwise requires,-- (a) "election" means any election, by whatever means held under any law for the purpose of selecting members of Parliament or of any Legislature, local authority or other public authority; The Act came into force on 09 Sep 1988.
In this Act, unless the context otherwise requires,--
(a) "election" means any election, by whatever means held under any law for the purpose of selecting members of Parliament or of any Legislature, local authority or other public authority;
1[(aa) ''prescribed'' means prescribed by rules made under this Act and the expression ''prescribe'' shall be construed accordingly;]
(b) "public duty" means a duty in the discharge of which the State, the public or the community at large has an interest;
Explanation.--In this clause "State" includes a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(c) "public servant" means--
(i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty;
(ii) any person in the service or pay of a local authority;
(iii) any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(iv) any Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(v) any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court;
(vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority;
(vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty;
(ix) any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or a State Government or from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(x) any person who is a chairman, member or employee of any Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination or making any selection on behalf of such Commission or Board;
(xi) any person who is a Vice-Chancellor or member of any governing body, professor, reader, lecturer or any other teacher or employee, by whatever designation called, of any University and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations;
(xii) any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority.
2[(d) "undue advantage" means any gratification whatever, other than legal remuneration.
Explanation.--For the purposes of this clause,--
(a) the word "gratification" is not limited to pecuniary gratifications or to gratifications estimable in money;
(b) the expression "legal remuneration" is not restricted to remuneration paid to a public servant, but includes all remuneration which he is permitted by the Government or the organisation, which he serves, to receive.]
Explanation 1.--Persons falling under any of the above sub-clauses are public servants, whether appointed by the Government or not.
Explanation 2.--Wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
Section 2, The Prevention of Corruption Act, 1988 (Act 49 of 1988).
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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Sheikh Abdul Majeed vs Union Territory Of Jammu & Kashmir Through Senior Superintendent Of Police, Police Station Anti Corruption Bureau Srinagar
Court's Decision & Legal Precedent
A private individual who enters into a contract with a government undertaking to perform duties in which the State, public or community at large has an interest, thereby holds an 'office' and performs 'public duty' within the meaning of Sections 2(b) and 2(c) of the Prevention of Corruption Act 1988, and can therefore be prosecuted under the Act for demanding or accepting bribes in connection with such duties. The definition of 'public servant' in the 1988 Act is to be interpreted purposively and widely to give effect to the legislative intention to widen the scope of anti-corruption law beyond traditional government employees.
On this section: Interpreted to mean a duty in the discharge of which the State, the public or the community at large has an interest. Applied to hold that storage of food grains for public distribution system constitutes public duty.
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D.sampath vs Inspector of Police
Court's Decision & Legal Precedent
A private individual can be prosecuted under Section 8 of the Prevention of Corruption Act for accepting gratification from a public servant to influence another public servant. The status of the bribe-giver (whether public servant or private person) is immaterial under Section 8 PC Act. What is relevant is whether the gratification was received by the accused to induce a public servant to do or forbear to do any official act. A private person can be the sole accused in a Section 8 PC Act case without a public servant being named as co-accused. The word 'person' in Section 8 PC Act includes public servants, as the act of giving bribe is not an official duty and therefore a public servant giving bribe acts as a private person.
On this section: Definition of 'public servant' - cited to show that while 'public servant' is defined in the Act, 'person' is not specifically defined, requiring interpretation
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Kapil Muni Rai vs The State of Bihar and Anr.
Court's Decision & Legal Precedent
A confiscation order passed under Section 13 of the Prevention of Corruption Act without impleading as necessary parties and issuing notice to all persons who are admittedly holding properties allegedly acquired through corruption by a public servant is void and must be set aside as it violates Section 14 of the Act and fundamental principles of natural justice. The Authorized Officer has a mandatory duty to issue notice to the delinquent public servant and all persons holding such properties, calling upon them to appear and file written statements of defence before passing any confiscation order.
On this section: Definition of 'acquisition of property' by a public servant through commission of offence; used to identify properties allegedly acquired through corruption
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G Uday Kumar vs State of Ap
Court's Decision & Legal Precedent
Panel valuers and private professionals cannot be prosecuted under Sections 409, 420, 467, 468 read with Section 120B IPC based solely on the opinion given by them in a bank fraud conspiracy case without establishing a proper and acceptable link between their professional opinion and the criminal conspiracy, and therefore are entitled to anticipatory bail in such circumstances.
On this section: Definition of public servant under PCA; cited to establish that panel valuers do not fall within this definition
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Kapil Muni Rai vs The State of Bihar and Anr.
Court's Decision & Legal Precedent
A confiscation order passed under Section 13 of the Prevention of Corruption Act without impleading all persons who admittedly hold properties allegedly acquired through corruption, and without issuing notice to them under Section 14 calling upon them to appear and file written statements of defence, is void and must be set aside as it violates the fundamental principles of natural justice and the mandatory statutory requirements of the Act. The Authorized Officer has a non-discretionary duty to implead all such necessary parties and issue proper notice before proceeding with the confiscation petition.
On this section: Definition of 'acquisition of property by a public servant by commission of offence' - used to establish the basis for confiscation claim
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.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 2
What have the courts held on Section 2 of the Prevention of Corruption Act?
Sheikh Abdul Majeed vs Union Territory Of Jammu & Kashmir Through Senior Superintendent Of Police, Police Station Anti Corruption Bureau Srinagar (25 Sep 2023) is the leading judgment on this section among those set out below: Interpreted to mean a duty in the discharge of which the State, the public or the community at large has an interest. Applied to hold that storage of food grains for public distribution system constitutes public duty. Another 4 judgments on this section are set out below. They run from 2011 to 2023.
How do I find court cases under Section 2 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 2, section 2 PC Act, section 2 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. 5 reported judgments on this section are set out on this page, beginning with Sheikh Abdul Majeed vs Union Territory Of Jammu & Kashmir Through Senior Superintendent Of Police, Police Station Anti Corruption Bureau Srinagar (25 Sep 2023).
What should I read with Section 2 of the Prevention of Corruption Act, and has it changed?
One instrument names it without being made under it, most recently Notification - Appointed date of commencement of the Prevention of Corruption (Amendment) Act, 2018 (16 of 2018) (2018).
When did Section 2 of the Prevention of Corruption Act come into force?
Section 2 of the Prevention of Corruption Act, cited as PC Act 2, 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
- 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
- 7. Offence relating to public servant being bribed340 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.