In short. A corruption case against a public servant in Delhi is investigated by the CBI or the Delhi Anti-Corruption Branch and tried by a Special Judge at Rouse Avenue. The agency usually needs prior approval under section 17A before inquiring into an official decision, and the court needs sanction under section 19 before taking cognizance. Trap cases turn on proof of demand.
This page is about the offences: what the Prevention of Corruption Act punishes, how trap cases and disproportionate assets cases are built and answered, and the approvals the law requires before a public servant can be investigated or prosecuted. How the CBI as an agency issues notices, searches and arrests is covered on our page on CBI cases, and bail in general on our bail page.
We act for public servants and private persons accused in corruption cases, and also for people who have been asked for a bribe and want to report it properly. Both sides are discussed below, because the same rules on proof decide both.
- Law
- Prevention of Corruption Act 1988, amended 2018
- Agencies
- CBI; Delhi Anti-Corruption Branch
- Prior approval
- Section 17A, before any inquiry
- Sanction
- Section 19, before cognizance
- Court in Delhi
- Special Judges (PC Act), Rouse Avenue
- Punishment
- s.7: 3 to 7 years; s.13: 4 to 10 years
What counts as corruption under the Prevention of Corruption Act?
Under the Act, corruption means a public servant obtaining or accepting an undue advantage, meaning any gratification other than legal remuneration, to perform a public duty improperly or to reward such performance. The 2018 amendment rewrote the main offences. It made giving a bribe a specific offence, brought commercial organisations within the Act, and narrowed criminal misconduct to two situations: fraudulent misappropriation of property entrusted to the public servant, and intentional illicit enrichment during the period of office.
The amendment came into force on 26 July 2018. Conduct before that date is generally judged under the old provisions, including the old section 13(1)(d) on obtaining a pecuniary advantage by abuse of position, which is why many cases still being tried at Rouse Avenue cite the older sections. The first thing we check in any chargesheet is which version of the Act applies to the dates alleged.
Which sections of the PC Act are used most often?
These are the provisions that appear in most FIRs registered by the CBI and the Delhi ACB.
Section 7, PC Act
A public servant who obtains, accepts or attempts to obtain an undue advantage to perform a public duty improperly or dishonestly, or as a reward for doing so. Punishable with imprisonment of 3 to 7 years and fine. Most trap cases are registered under this section.
Section 7A, PC Act
Taking an undue advantage to influence a public servant by corrupt or illegal means or personal influence. This catches middlemen and fixers who claim they can get work done in an office.
Section 8, PC Act
Giving or promising an undue advantage to a public servant. Punishable with up to 7 years, fine or both. A person compelled to give a bribe is not liable if the matter is reported to the police or an investigating agency within seven days.
Sections 9 and 10, PC Act
A commercial organisation is liable if a person associated with it bribes a public servant to obtain or retain business. It has a defence if it had adequate procedures in place to prevent such conduct. Directors and officers who consented or connived are personally liable under section 10.
Section 13(1)(a) and (b), PC Act
Criminal misconduct: fraudulent misappropriation of property entrusted to the public servant, and intentional illicit enrichment, which is the basis of disproportionate assets cases. Punishable with imprisonment of 4 to 10 years and fine.
Section 12, PC Act and BNS
Abetment of offences under the Act, often used against family members or private persons in the same transaction. The FIR usually also invokes criminal conspiracy (BNS s.61) and, where documents were falsified, cheating and forgery under the BNS.
Who is a public servant under the PC Act?
The definition in section 2(c) is much wider than government employees. It covers central and state government servants, employees of local bodies, government companies and corporations, officers of public sector banks, judges, persons authorised by a court to perform adjudicatory functions, office-bearers of universities and of cooperative societies receiving government aid, and anyone who holds an office by virtue of which they perform a public duty. Courts have also treated staff of private banks as public servants in some situations through the Banking Regulation Act.
This matters because only a public servant can commit the core offences. A private person can still be prosecuted for giving a bribe, acting as a middleman, abetting or conspiring, and in disproportionate assets cases relatives who hold property are sometimes charged with abetment. If your role in the FIR is that of a private party, the defence is built differently from that of the officer.
What is section 17A and does it protect me?
Section 17A says no police officer can conduct any enquiry, inquiry or investigation into an offence alleged to have been committed by a public servant, where the offence relates to a recommendation made or decision taken in the discharge of official functions, without prior approval of the government or authority competent to remove that officer. The authority is expected to decide within three months, extendable by one month. The aim is to protect honest decisions from being questioned years later as crimes.
Two limits are important. First, section 17A does not apply where a person is arrested on the spot for accepting or attempting to accept an undue advantage, so it gives no protection in trap cases. Second, it covers decisions and recommendations, not every act; a demand for money is not a decision taken in official functions. Whether it applies to conduct before July 2018 has divided judges, and its validity has been questioned before the Supreme Court, so the current position must be checked for each case.
Where the agency has proceeded without approval in a case that needed it, the objection can be raised by petition under section 528 BNSS before the Delhi High Court. Courts have quashed proceedings on this ground, but the facts must clearly show that the allegation is about a decision or recommendation, not about money changing hands.
What sanction is needed to prosecute a public servant?
The special judge cannot take cognizance of an offence under sections 7, 11, 13 or 15 against a public servant without sanction under section 19 from the authority competent to remove that person. Since 2018 the protection also covers a person who was a public servant when the offence was allegedly committed, so retirement does not remove the need for sanction. The sanctioning authority is expected to decide within three months, extendable by one month after legal consultation.
The amendment also stopped private persons from seeking sanction directly. A private complainant can ask for sanction only after filing a complaint in court that the court has not dismissed, and the court has directed the complainant to obtain sanction. This closed a route sometimes used to pressure officers.
A sanction order can be challenged if the authority did not see the material, did not apply its mind, or was not competent to remove the officer. Section 19(3), however, prevents a conviction being set aside for an error in sanction unless it caused a failure of justice, and courts often decide sanction objections at trial rather than at the start. We raise it early where the defect is clear on the face of the order and keep it for trial where it depends on evidence.
How does a trap case work?
A trap case follows a fixed sequence, and each step creates a document that the defence will later examine. Knowing the sequence helps you see where a case is strong and where it is not.
Complaint
A person says a public servant has demanded money for some work, such as passing a bill, issuing a licence or clearing a file. The complaint is written and signed, and goes to the CBI if the officer is a central employee or to the ACB if the officer works for the Delhi government.
Verification of demand
The agency checks the demand before laying a trap, usually by sending the complainant with a recorder to speak to the officer. This verification is supposed to confirm that a demand exists independently of the complainant's word.
Pre-trap proceedings
In the presence of independent witnesses, the currency notes are listed by number and treated with phenolphthalein powder. A demonstration shows that the powder turns a sodium carbonate solution pink. A pre-trap memo records all this.
The trap
The complainant meets the officer with a shadow witness. On a signal the team moves in, washes the officer's hands in sodium carbonate solution and recovers the notes. The solutions are sealed for the forensic laboratory, and the officer is usually arrested on the spot.
Post-trap proceedings
A recovery memo and post-trap memo are prepared, the room may be searched, and voice samples are later sought to compare with the recording. The forensic reports on the wash and the voice samples come months later and go with the chargesheet.
How do you defend a trap case?
A trap case is defended by testing the demand, not only the recovery. The Supreme Court has repeatedly held that recovery of tainted money, on its own, does not prove an offence under section 7; the prosecution must prove that the public servant demanded the money and accepted it knowingly. The presumption under section 20 that money was taken as a bribe arises only once acceptance is proved, and it can be rebutted on a balance of probabilities.
So the questions are practical. Was any work of the complainant actually pending with this officer? Does the recording, heard in full, show a demand, or only an ambiguous conversation? Was the shadow witness close enough to hear? Were the independent witnesses truly independent, or regular witnesses for the agency? Is there an innocent explanation for the money, such as repayment of a loan or a fee legitimately due, and was it given at the time? Did the complainant have a grudge or a reason to set the officer up?
Recordings need care. The recorder, memory card and copies must be accounted for, and the certificate under section 63 of the Bharatiya Sakshya Adhiniyam must meet the statutory requirements. Gaps, edits or a recording device that went missing are proper grounds of challenge. Advocate B.K. Singh pays particular attention to the electronic record in trap cases, because the defence on demand often lives or dies on it.
Complainants also turn hostile more often than people expect, sometimes years later. A hostile complainant does not end the case by itself, as the court can rely on other witnesses and circumstances, but it often leaves the prosecution without direct proof of demand.
A made-up example: a trap at a licensing office
Here's a made-up example. A contractor complains to the ACB that a section officer in a Delhi government department wants money to release a pending bill. The ACB sends him back with a recorder, and the conversation is vague: the officer says the bill will be done once the file comes back from accounts and mentions that the contractor still owes him for some tiles bought for the contractor's site. The trap is laid, the officer accepts an envelope, his hands turn the solution pink, and he is arrested.
On reading the papers, three things stand out. The file had already been sent to accounts a week before the trap, so nothing remained pending with the officer. The recording mentions the tiles, and the officer's bank statement shows a payment to a tile dealer the month before. And the shadow witness admits in his statement that he was outside the room. None of this means an acquittal will follow, and the court will hear the witnesses in full, but it shows how a case that looks complete on the morning of the trap can raise real doubt about demand once the documents are put together.
What is a disproportionate assets case?
A disproportionate assets case alleges that a public servant, during a defined check period, acquired assets that cannot be explained by known lawful sources of income. Under section 13(1)(b) as amended, the offence is intentional illicit enrichment, and the public servant is presumed to have enriched illicitly if he or his dependants hold assets disproportionate to known sources for which he cannot satisfactorily account. Known sources means income from lawful sources, generally the ones declared under the service rules.
The case is built from a calculation, and the calculation is only as good as its inputs. The agency picks a check period, values assets at its start and end, adds up income and estimates expenditure. A difference above the income is the disproportion. Because the figures are drawn from property records, bank accounts, tax returns and service files, a DA case is usually a contest of documents rather than witnesses.
How do the CBI and ACB calculate disproportionate assets?
The basic formula is simple. The defence work lies in each line of it.
| Item | What the agency includes | Where the defence usually looks |
|---|---|---|
| Assets at start of check period | Property, deposits, vehicles and valuables held at the start. | A start date chosen to leave out assets acquired earlier, making later holdings look new. |
| Income during check period | Salary, declared rent, interest and other declared income. | Spouse's independent income, agricultural income, gifts and loans from relatives that were declared, sale proceeds of old assets. |
| Expenditure during check period | Household spending, education, loan repayments, insurance premiums, travel. | Household expenses estimated at a flat proportion of salary rather than proved; double counting of loan repayments. |
| Assets at end of check period | Everything held at the end, including in the names of dependants. | Property valued at market value instead of purchase price; assets of adult children with their own income treated as the officer's. |
| Disproportion | End assets plus expenditure, minus start assets and income. | Whether the remaining figure is small relative to total income, and whether it is explained by documents. |
How do you answer a DA case?
A DA case is answered by rebuilding the agency's statement line by line with documents. We usually work with a chartered accountant to reconstruct income and expenditure for the check period, and we go back to the officer's annual property returns, income tax returns and bank records. In many cases the disproportion shrinks once a spouse's salary, a parent's gift recorded at the time, or the sale of an ancestral plot is counted.
There is no legal right to be heard before the FIR or the chargesheet in a DA case, but the investigating officer often asks the officer to explain sources during investigation. A careful written explanation, with documents, can reduce the figure in the chargesheet or lead to closure. A hurried or inconsistent explanation does the opposite, because it is then contrasted with the records at trial.
DA cases usually do not involve immediate arrest, since the evidence is documentary, and anticipatory bail or regular bail on appearance is common. What they do involve is attachment of property and parallel departmental action, which are covered below.
CBI or Delhi ACB: who investigates corruption in Delhi?
In Delhi, the CBI investigates corruption by employees of the central government, central public sector undertakings and public sector banks, while the Anti-Corruption Branch of the Government of NCT of Delhi handles complaints against Delhi government employees. The line between them has been the subject of litigation, and it is not always obvious for bodies with mixed control, so the first step in any case is to confirm which agency has jurisdiction over the officer concerned.
Complaints can also reach these agencies through other routes: the Lokpal under the Lokpal and Lokayuktas Act 2013 can refer complaints against central public servants for investigation, the Central Vigilance Commission and departmental vigilance officers refer cases, and courts sometimes direct registration. For officers in Noida and Ghaziabad who serve the Uttar Pradesh government, the state's own vigilance and anti-corruption bodies investigate and the cases go to the special anti-corruption courts in Uttar Pradesh.
Which court tries corruption cases in Delhi?
Corruption cases in Delhi, whether investigated by the CBI or the ACB, are tried by Special Judges appointed under section 3 of the PC Act, who sit at the Rouse Avenue court complex. A special judge takes cognizance directly on the chargesheet, without committal by a magistrate, and follows the procedure for warrant cases. Section 4(4) asks for trials to be held as far as practicable on a day-to-day basis, though in practice heavy cause lists mean dates weeks apart.
Appeals against conviction go to the Delhi High Court, which can suspend the sentence and grant bail during the appeal. Further appeal lies to the Supreme Court by special leave; our page on Supreme Court practice explains that route. For how criminal cases move through Delhi's courts more generally, see our page on criminal cases in Delhi.
I was asked for a bribe. How do I report it?
If a public servant has demanded money from you, report it in writing to the agency with jurisdiction: the CBI for central government and public sector staff, the ACB for Delhi government staff. Do not pay first and complain later. Since 2018, giving a bribe is an offence under section 8, and the protection for a person compelled to pay applies only if the matter is reported to the police or an investigating agency within seven days.
Think it through before you complain. A trap complaint makes you the main prosecution witness in a trial that may run for years, and you will be cross-examined on your own dealings with the office. Your pending work may be delayed further while the matter is sorted out. Sometimes a written grievance to the head of the office, a complaint to the vigilance officer, or an RTI application on the status of your file gets the work done without a criminal case.
If you do go ahead, keep your own record of the demand: dates, the place, who else was present, any messages. Give the agency an accurate account and do not exaggerate, because the verification recording will be compared with what you said.
What happens to my job: suspension and departmental action
A central government employee held in custody for more than 48 hours is deemed suspended from the date of detention under the service rules, and most trap cases lead to immediate suspension. Suspension must be reviewed periodically, and subsistence allowance is paid meanwhile. A departmental inquiry can run on the same facts at the same time, and the standard of proof there is lower than in the criminal case.
The criminal and departmental cases need to be handled together. A reply to a departmental charge sheet can be used against you in the criminal trial, and an acquittal on technical grounds does not always end departmental action. Our page on service law and CAT practice deals with suspension, inquiries and challenges before the Central Administrative Tribunal.
Can my property be attached in a corruption case?
Yes. Section 18A of the PC Act applies the attachment procedure of the Criminal Law Amendment Ordinance 1944, which allows the court, on the agency's application, to attach property believed to be procured through the offence. Attachment is most common in DA cases, where the agency identifies specific flats, plots or deposits as the disproportion.
Offences under the PC Act are also scheduled offences under the Prevention of Money Laundering Act, so a corruption case can be followed by an Enforcement Directorate case with its own provisional attachment under PMLA section 5. If that has happened, see our page on PMLA cases. Objections to attachment must be filed within the time given in the notice, with documents showing how each property was bought.
Is bail difficult in corruption cases?
No special bar applies. Bail in PC Act cases follows the ordinary BNSS provisions, and the PMLA-style twin conditions do not apply. In trap cases, the accused is usually arrested on the spot and the CBI or ACB seeks a few days of police custody; regular bail is commonly considered once recovery and voice samples are complete. In DA cases, where the evidence is documentary, anticipatory bail or bail on first appearance is common.
The main concern courts express is the influence of the officer over subordinates and records. An offer to stay away from the office, transfer out or not contact named witnesses often answers it. The general rules are on our bail page.
What documents help in a corruption case?
The documents depend on the type of case. Bring whatever you can, and tell us what you know exists even if you cannot get a copy.
Trap case
- FIR, arrest memo and remand orders
- Pre-trap and post-trap memos, if supplied
- File movement record of the complainant's work
- Office orders showing your duties and who handled the file
- Proof of any lawful dealing with the complainant
Disproportionate assets case
- Annual property returns filed under service rules
- Income tax returns for the check period and before
- Sale deeds, loan papers and gift deeds
- Bank statements of yourself and dependants
- Proof of spouse's and children's independent income
Approval and sanction
- Any section 17A approval order
- Sanction order under section 19
- Rules showing who can remove you from office
- Departmental charge sheet and suspension order
What mistakes do public servants make in these cases?
The first is filing property returns casually for years. In a DA case, those returns become the yardstick; an asset not declared, or a gift not intimated, is treated as unexplained even if it was honest. If you hold office, keep your returns accurate and supported.
The second is trying to settle with the complainant after a trap. Corruption is an offence against the State, it cannot be compounded, and an approach to the complainant looks like witness tampering and can cost you bail. The third is giving a hurried written explanation of assets without working out the figures, which locks you into numbers that later turn out to be wrong.
How does the firm handle corruption cases?
Advocate B.K. Singh reads the FIR and the approval and sanction papers first, because a legal defect there can change the whole course of the case. He then looks at the demand evidence in a trap case or the calculation in a DA case. Advocate Sadhna Singh works with the client on the documents and the chronology, and coordinates with the chartered accountant where the figures need rebuilding. We work with an Advocate-on-Record for Supreme Court filings.
Fees are discussed at the first meeting and agreed in writing, stage by stage, with court fees and other expenses separate. You can read more about Advocate B.K. Singh on his profile page, or send us the FIR or notice through the online enquiry.
What should I do this week?
- Get a copy of the FIR or notice and note every date in it
- Find out which agency is investigating and why it has jurisdiction
- Check if section 17A approval or section 19 sanction has been obtained
- Collect your property returns, tax returns and bank statements
- Do not contact the complainant or witnesses for any reason
- Do not reply to a departmental charge sheet without legal advice
- Keep a written note of every conversation with the investigating officer
Frequently asked questions
Is giving a bribe also a crime in India?
Yes. Since the 2018 amendment, section 8 of the Prevention of Corruption Act makes giving or promising an undue advantage to a public servant an offence, punishable with up to seven years. A person who was compelled to pay is protected if the matter is reported to the police or an investigating agency within seven days.
What is the punishment for taking a bribe under the PC Act?
A public servant convicted under section 7 faces imprisonment of three to seven years and a fine. Criminal misconduct under section 13, which includes disproportionate assets, carries four to ten years and a fine. A conviction also usually ends the officer's service and can affect pension benefits under the service rules.
Can a private company be prosecuted for bribery?
Yes. Under section 9, a commercial organisation is guilty if a person associated with it gives an undue advantage to a public servant to obtain or retain business for it. The company has a defence if it shows it had adequate procedures to prevent such conduct. Directors who consented or connived can be prosecuted personally.
Does section 17A apply to trap cases?
No. Section 17A expressly excludes cases where a person is arrested on the spot for accepting or attempting to accept an undue advantage. It applies to inquiries into recommendations made or decisions taken in official functions. A demand for money is not treated as an official decision, so 17A rarely helps in bribery allegations.
Can a retired officer be prosecuted for corruption?
Yes. Retirement does not end liability for offences committed in service. Since 2018, sanction under section 19 is still required if the person was a public servant when the offence was allegedly committed, and section 17A approval may also be needed. Disproportionate assets cases are often registered after retirement.
What happens if the sanction for prosecution is invalid?
If sanction was granted by an authority that could not remove the officer, or without considering the material, the cognizance can be challenged. Courts sometimes decide this at the start and sometimes leave it to trial. Under section 19(3), a conviction is not set aside for an error in sanction unless it caused a failure of justice.
Is a recorded phone call enough to prove a bribe demand?
A recording can be strong evidence, but it must be proved properly with a certificate under section 63 of the Bharatiya Sakshya Adhiniyam, a clear chain of custody and usually a voice sample comparison. The court also looks at whether the words actually amount to a demand. Ambiguous conversations are often the heart of the defence.
Can a trap case fail if the complainant turns hostile?
It can weaken badly. The complainant is usually the only direct witness to the demand. If the complainant turns hostile, the prosecution must prove demand through the shadow witness, the recording or other circumstances. Courts can still convict on such evidence, so a hostile complainant is not an automatic acquittal.
What is the check period in a disproportionate assets case?
The check period is the span of years the agency chooses for its calculation, from a start date to an end date, often the date of a search. Assets at the start and end are compared with income and expenditure in between. The choice of period can distort the result and is a common point of challenge.
Can my wife or son be made an accused in a DA case?
Yes, if assets in their names are treated as the officer's and they are said to have helped hold them. They are usually charged with abetment. If they have independent income, such as a salary, business or rent, proving it with documents can take their assets out of the calculation and their names out of the case.
Is agricultural income counted in a disproportionate assets case?
It is counted if it is proved. Agencies often reject agricultural income claimed without records. Khasra and khatauni entries, mandi receipts, bank credits and income tax returns showing agricultural income all help. A claim of large farm income with no paper trail is usually not accepted by the court.
Can I get anticipatory bail in a disproportionate assets case?
Usually yes. DA cases rest on documents already with the agency, so courts often see no need for custodial questioning. Anticipatory bail under section 482 BNSS is commonly granted with conditions such as joining investigation and not leaving the country without permission. Each case still depends on its own facts.
Where do I complain about corruption by a Delhi government employee?
Complaints against Delhi government employees go to the Anti-Corruption Branch of the Government of NCT of Delhi. Complaints against central government employees, central public sector staff or public sector bank officers posted in Delhi go to the CBI. Complaints should be in writing, signed and as specific as possible about the demand.
Can the Lokpal order a CBI investigation?
Yes. Under the Lokpal and Lokayuktas Act 2013, the Lokpal can conduct a preliminary inquiry into complaints against central public servants and then refer the matter for investigation, including to the CBI. The Lokpal also supervises such investigations. Its jurisdiction covers central public servants, not employees of the Delhi government.
How long does a corruption trial take at Rouse Avenue?
Typically several years. Section 4(4) of the PC Act asks special judges to try to complete trials within two years, with extensions up to four years, but cause lists at Rouse Avenue are heavy. Trap cases with few witnesses move faster than DA cases, which involve many documents and official witnesses.
Will I lose my pension if convicted in a corruption case?
The pension rules for government servants allow the government to withhold or withdraw pension, wholly or partly, where a pensioner is convicted of a serious offence or found guilty of grave misconduct. Pending criminal proceedings can also delay final settlement of retiral dues. The exact effect depends on the applicable rules.
Can a corruption case be settled or compromised?
No. Offences under the Prevention of Corruption Act are offences against the State and cannot be compounded, even if the complainant no longer wishes to proceed. Any attempt to settle with the complainant after a case is registered is likely to be seen as influencing a witness and can lead to cancellation of bail.
Can a corruption conviction be appealed?
Yes. An appeal against conviction by a special judge lies to the High Court under the BNSS. The High Court can suspend the sentence and grant bail while the appeal is pending under section 430 BNSS. A further appeal to the Supreme Court is by special leave petition under Article 136.
Is a public sector bank officer a public servant?
Yes. Officers and employees of public sector banks fall within the definition of public servant in section 2(c) of the PC Act, so loan sanctions and other decisions can lead to PC Act charges. Their decisions may also be protected by section 17A, which requires prior approval before an inquiry into a decision taken officially.
How much does an anti-corruption lawyer charge in Delhi?
We do not quote fees on the website. Fees depend on the type of case, the stage and the volume of record, and are discussed at the first meeting and agreed in writing, stage by stage. Court fees, certified copies and any chartered accountant's fees are separate costs.