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5-question demo · Uttar Pradesh APO - Prevention of Corruption Act

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Question 1 of 5
Under the Prevention of Corruption Act, 1988, 'public servant' means: (a) any person in the service of government (b) any person in the service of local authority (c) any person in the service of corporation established by state government (d) any person who holds an office by virtue of which he is empowered to prepare electoral roll
A (a) any person in the service of government
B (b) any person in the service of local authority
C (c) any person in the service of corporation established by state government
D (d) any person who holds an office by virtue of which he is empowered to prepare electoral roll
Why: Section 2(c) of the Prevention of Corruption Act, 1988 provides a comprehensive definition of 'public servant' that explicitly includes all four categories: (i) persons in service or pay of Government; (ii) persons in service or pay of local authority; (iii) persons in service or pay of corporations established by or under Central, Provincial or State Act or Government companies; and (x) persons who hold office by virtue of which they are authorised or required to prepare electoral rolls. Thus, option (d) correctly represents one such category, and all options align with the definition, making (d) the appropriate choice in this context[2][5].
Question 2 of 5
Under the Prevention of Corruption Act, 1988, 'public servant' means: (a) any person in the service of government (b) any person in the service of local authority (c) any person in the service of corporation established by state government (d) any person who holds an office by virtue of which he is empowered to prepare electoral roll
A any person in the service of government
B any person in the service of local authority
C any person in the service of corporation established by state government
D any person who holds an office by virtue of which he is empowered to prepare electoral roll
Why: According to Section 2(c) of the Prevention of Corruption Act, 1988, 'public servant' has a broad definition that includes not only persons in service of government, local authorities, or corporations, but also 'any person who holds an office by virtue of which he is authorised or required to perform any public duty', which encompasses those empowered to prepare electoral rolls. Thus, option (d) is specifically listed, making it the most precise match among the choices, though all may partially apply. The correct answer is option D.[1]
Question 3 of 5
In Aman Bhatia v. State GNCT of Delhi, are stamp vendors considered public servants under the PC Act? (a) Yes, because they perform public duty (b) No, they are private vendors (c) Only if employed by government (d) Only if involved in fraud
A Yes, because they perform public duty
B No, they are private vendors
C Only if employed by government
D Only if involved in fraud
Why: In the case of Aman Bhatia v. State GNCT of Delhi, stamp vendors were considered public servants under the Prevention of Corruption Act because they perform a public duty authorized by the government, even if not directly employed by it. This aligns with the broad definition under Section 2(c) which includes persons holding office to perform public duties. Therefore, option (a) is correct.[3]
Question 4 of 5
Which one of the following statements is false with regard to the Prevention of Corruption (Amendment) Bill, 2018?
A A: The major concern in the Prevention of Corruption Act, 1988 was that the person giving a bribe was legally proclaimed as a victim.
B B: The Bill makes bribing a punishable offence.
C C: The Bill incorporates the recommendations given by the 21st Law Commission headed by Justice B.S. Chauhan.
D D: To conduct an investigation into an offence, it is mandatory to take prior approval of relevant Government or competent authority.
Why: The Prevention of Corruption (Amendment) Bill, 2018 sought to amend the Prevention of Corruption Act, 1988. The major concern in the 1988 Act was that the person giving a bribe was legally proclaimed as a victim, which option A correctly states. The Bill makes bribing a punishable offence (option B) and requires prior approval for investigation (option D). However, it incorporates recommendations from the 20th Law Commission headed by Justice (retd) AP Shah in its 254th Report, not the 21st Law Commission headed by Justice B.S. Chauhan. Thus, option C is false.
Question 5 of 5
Under the Prevention of Corruption Act, 1988, public servant means:
A a) any person in the service of government
B b) any person in the service of local authority
C c) any person in the service of corporation established by state government
D d) any person who holds an office by virtue of which he is empowered to prepare electoral roll
Why: Section 2(c) of the Prevention of Corruption Act, 1988 provides a comprehensive definition of 'public servant' that explicitly includes: (1) any person in the service or pay of the Government; (2) any person in the service or pay of a local authority; (3) any person in the service or pay of a corporation established by or under a Central, State or Provincial Act, or any authority or body owned, controlled or aided by the government or a government company as defined in section 617 of the Companies Act, 1956; and (4) any person who holds an office by virtue of which he is authorised or required to perform any public duty, which covers persons empowered to prepare electoral rolls. Thus, **all options (a), (b), (c), and (d) correctly describe categories included in the definition of public servant under the Act**[2][4].