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PREVENTION OF CORRUPTION ACT 1916

PREVENTION OF CORRUPTION ACT 1916 - LONG TITLE

An Act to amend the Law relating to the Prevention of Corruption.
[22nd December 1916]
Increase of maximum penalty in certain cases.

PREVENTION OF CORRUPTION ACT 1916 - SECT 1

1. A person convicted on indictment of a misdemeanour under the
Prevention of Corruption Act, 1906, or the Public Bodies Corrupt
Practices Act, 1889, shall, where the matter or transaction in
relation to which the offence was committed was a contract or a
proposal for a contract with His Majesty or any Government
Department or any public body or a sub-contract to execute any work
comprised in such a contract, be liable to penal servitude for a
term not exceeding seven nor less than three years:

Provided that nothing in this section shall prevent the infliction
in addition to penal servitude of such punishment as under the
above-mentioned Acts may be inflicted in addition to imprisonment, or
prevent the infliction in lieu of penal servitude of any punishment
which may be inflicted under the said Acts.

PREVENTION OF CORRUPTION ACT 1916 - SECT 2
Presumption of corruption in certain cases.

2. Where in any proceedings against a person for an offence under
the Prevention of Corruption Act, 1906, or the Public Bodies Corrupt
Practices Act, 1889, it is proved that any money, gift, or other
consideration has been paid or given to or received by a person in
the employment of His Majesty or any Government Department or a
public body by or from a person, or agent of a person, holding or
seeking to obtain a contract from His Majesty or any Government
Department or public body, the money, gift, or consideration shall
be deemed to have been paid or given and received corruptly as
such inducement or reward as is mentioned in such Act unless the
contrary is proved.

PREVENTION OF CORRUPTION ACT 1916 - SECT 3
Time for taking proceedings.

3. Notwithstanding anything in the Summary Jurisdiction Acts
proceedings under the Prevention of Corruption Act, 1906, instituted
with a view to obtaining a summary conviction for an offence
thereunder may be commenced at any time before the expiration of
six months after the first discovery of the offence by the
prosecutor.

PREVENTION OF CORRUPTION ACT 1916 - SECT 4
Short title and interpretation.

4.(1) This Act may be cited as the Prevention of Corruption Act,
1916, and the Public Bodies Corrupt Practices Act, 1889, the
Prevention of Corruption Act, 1906, and this Act may be cited
together as the Prevention of Corruption Acts, 1889 to 1916.

(2) In this Act and in the Public Bodies Corrupt Practices Act,
1889, the expression "public body" includes, in addition to the
bodies mentioned in the last-mentioned Act, local and public
authorities of all descriptions.

(3) A person serving under any such public body is an agent within
the meaning of the Prevention of Corruption Act, 1906, and the
expressions "agent" and "consideration" in this Act have the same
meaning as in the Prevention of Corruption Act, 1906, as amended by
this Act.