Section 31 The Prevention of Corruption Act,
Here is the explanation of:
Section 31 – The Prevention of Corruption Act, 1988
Title:
Section 31. Repeal and saving
Bare Text:
(1) The Prevention of Corruption Act, 1947 (2 of 1947), the Criminal Law Amendment Act, 1952 (46 of 1952), and section 161 to 165A (both inclusive) of the Indian Penal Code (45 of 1860) are hereby repealed.
(2) Notwithstanding such repeal, but without prejudice to the application of section 6 of the General Clauses Act, 1897 (10 of 1897),—
(a) anything done or any action taken or purported to have been done or taken under the repealed Acts shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;
(b) any offence committed under the said Acts shall be deemed to be an offence under the corresponding provisions of this Act;
(c) any investigation, legal proceeding or remedy in respect of any such offence may be instituted, continued or enforced as if this Act had not been passed.
Explanation:
Section 31 serves two key purposes:
1. Repeal of Earlier Laws:
It repeals the older anti-corruption laws:
Prevention of Corruption Act, 1947
Criminal Law Amendment Act, 1952
Sections 161 to 165A of the Indian Penal Code (which earlier dealt with bribery and corruption by public servants).
2. Saving Clause (Transitional Provision):
Even though the older laws are repealed, past actions, cases, and investigations remain valid:
Any actions done under the old laws are still considered valid.
Any offence committed under the old laws is treated as if committed under the new Act.
Ongoing investigations or court proceedings continue without being affected.
Example:
Suppose someone took a bribe in 1985 and a case was filed under the 1947 Act. Even after the 1988 Act comes into force, that case does not get dismissed—it continues as if the new Act never repealed the old one.
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