🎬 Video explanationभ्रष्टाचार निवारण ऐन २०५९: कसुर र सजाय
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📘 Kharidar syllabus: Paper III, Section A, Unit 1.6 (Chapters 1 and 2) · Open the full Kharidar course
The syllabus asks only for chapters 1 and 2 of the Prevention of Corruption Act, 2059 (भ्रष्टाचार निवारण ऐन, २०५९). The Act was authenticated on 2059 Asar 3 and came into force immediately. The Commission for the Investigation of Abuse of Authority (CIAA) files most cases under it.
1. Chapter 1: Preliminary (प्रारम्भिक)
- Section 1: short title and commencement (in force immediately). It applies throughout Nepal, to Nepali citizens anywhere and to public servants wherever they are.
- Section 2: definitions. Key terms:
- Corruption (भ्रष्टाचार): the offences punishable under Chapter 2.
- Public servant (राष्ट्रसेवक): a person appointed, nominated or elected to a public office, including on contract or oath.
- Graft/bribe (घूस/रिसवत): cash, goods or any kind of benefit.
- Public institution: bodies owned or controlled by the government, including companies, boards, educational institutions and local bodies.
- Revenue (राजस्व): taxes, fees, charges, royalties and fines due to the government or a public institution.
2. Chapter 2: Offences and punishment (sections 3–24)
| Section | Offence |
|---|---|
| 3 | Giving or taking graft (bribe) |
| 4 | Taking goods or services free or at a lower price |
| 5 | Taking gifts, presents or donations |
| 6 | Taking commission |
| 7 | Leakage of revenue (राजस्व चुहावट) |
| 8 | Obtaining illegal benefit or causing illegal loss with bad intention |
| 9 | Preparing false documents |
| 10 | Translating documents falsely |
| 11 | Tampering with government documents |
| 12 | Damaging government documents |
| 13 | Leaking question papers or changing exam results |
| 14 | Public servant doing illegal trade or business |
| 15 | Claiming a false designation |
| 16 | Giving false particulars |
| 17 | Causing damage to public property |
| 18 | Exerting illegal pressure |
| 19 | Giving a false report |
| 20 | Illegally acquired property (गैरकानूनी सम्पत्ति) |
| 21 | Attempt (उद्योग) |
| 22 | Accomplice (मतियार) |
| 23 | Offence by a body corporate (its chief is liable) |
| 24 | Additional punishment for holders of specified high offices |
3. Punishment pattern (key points)
- Section 3 (bribery): imprisonment is graded by the amount of the bribe, plus a fine equal to the amount (बिगो); the bribe is confiscated. The giver is punished like the taker. Examples: up to Rs 25,000 → up to 3 months; Rs 1–5 lakh → 6 months to 1½ years; Rs 5–10 lakh → 1½ to 2½ years; above Rs 1 crore → 8 to 10 years.
- Section 6 (commission): a commission received must be deposited in the government account within 7 days; otherwise it is treated as bribery.
- Section 7 (revenue leakage): bribery punishment plus a fine of double the revenue leaked.
- Section 9 (false documents): 3 months to 1 year and a fine of Rs 10,000–50,000.
- Section 21 (attempt) and Section 22 (accomplice): generally half the punishment of the main offence.
- Section 24: holders of specified high offices get 3 more years of imprisonment in addition.
4. Key facts at a glance
| Item | Fact |
|---|---|
| Main law | Prevention of Corruption Act, 2059 |
| Investigating body | Commission for the Investigation of Abuse of Authority (Articles 238–239) |
| Court that hears cases | Special Court |
| Other bodies | National Vigilance Centre (under OPMCM), Department of Money Laundering Investigation |
| International convention | UN Convention against Corruption; Nepal ratified it in 2011 |
5. Common forms of corruption under the Act
- Taking or offering a bribe (घुस).
- Illegal gain or causing loss to public property.
- Using a fake document or making a false report.
- Holding property that cannot be explained by lawful income (illegal assets).
- Acting against the law to benefit oneself or others.
6. How this topic is asked in the exam
Objective items ask the year of the Act, the body that investigates and the court that hears cases. Subjective questions ask about the causes of corruption and measures to control it. Give causes, legal steps, e-governance and public awareness.
📌 Key points to remember
- Prevention of Corruption Act was authenticated on 2059 Asar 3; Chapter 2 has offences in sections 3–24.
- “Corruption” = offences under Chapter 2; “public servant” = राष्ट्रसेवक.
- Bribery: giver and taker are both punished; fine equal to the amount; bribe confiscated.
- Commission must be deposited within 7 days.
- Revenue leakage: double fine; attempt and accomplice: half punishment.
- High office holders: 3 years extra.
📝 Quiz
Test yourself: Prevention of Corruption Act, 2059 (भ्रष्टाचार निवारण ऐन)
50 questions check what you read about Chapter 1: Preliminary (प्रारम्भिक) and Chapter 2: Offences and punishment (sections 3–24). Each attempt picks 25 at random.
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