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Section 28: Act to be in addition to any other law

Prevention of Corruption Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 1988
Section 27 All 31 Sections of Prevention of Corruption Act Section 29

Legal Commentary & Landmark Judgments: Section 28

Section 28 of the Prevention of Corruption Act, 1988 is an expansive cumulative non-derogation clause declaring that the provisions of the Act shall be in addition to, and not in derogation of, any other law for the time being in force. Ensuring that public servants remain fully accountable across multiple legal domains, it permits parallel or cumulative prosecutions under the Indian Penal Code (Bharatiya Nyaya Sanhita), the Prevention of Money Laundering Act (PMLA), 2002, and disciplinary service regulations.

  • Non-Derogation and Cumulative Liability: Public servants are not shielded from parallel prosecutions for general penal offenses (e.g., cheating, forgery, criminal breach of trust under IPC/BNS) or special financial statutes simply because an offense is covered under the PC Act.
  • Coexistence with PMLA Proceedings: PC Act offenses under Sections 7, 8, 9, 10, 12, and 13 constitute predicate/scheduled offenses under the Prevention of Money Laundering Act, 2002; Section 28 ensures simultaneous prosecution by CBI/Anti-Corruption Bureau and the Directorate of Enforcement (ED).
  • Parallel Departmental & Criminal Inquiries: Affirmation that departmental disciplinary proceedings for graft and criminal trials before the Special Judge can proceed contemporaneously without attracting the doctrine of double jeopardy under Article 20(2).
Key Landmark Precedents:
  • Vijay Madanlal Choudhary v. Union of India (2022) SCC OnLine SC 929: The Supreme Court held that an offense under the PC Act generates proceeds of crime which trigger independent prosecution under the PMLA; while the PMLA investigation is predicated on the PC Act scheduled offense, it is a distinct, autonomous statutory proceeding preserved by cumulative statutory principles.
  • P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24: The Supreme Court recognized the dual statutory tracks of the PC Act and PMLA, holding that an accused facing investigation under the PC Act can be simultaneously investigated and prosecuted under money laundering provisions without conflict.
  • State of M.P. v. Ram Singh (2000) 5 SCC 88: The Supreme Court held that Section 28 reinforces the legislative intent that the PC Act was not meant to dilute or restrict other penal laws, but rather to augment the legal arsenal against corrupt public officials.
Courtroom Practice & Strategic Litigation Guidance:

Where an accused faces simultaneous departmental proceedings and a PC Act criminal trial on identical facts, move the High Court or Central Administrative Tribunal for stay of departmental proceedings only if the defense in the criminal trial would be irreparably prejudiced by disclosing its defense prematurely. In PMLA matters, note that under Vijay Madanlal Choudhary, if the accused is acquitted or discharged in the underlying PC Act predicate trial, the PMLA prosecution must collapse.

Section 27 All 31 Sections of Prevention of Corruption Act Section 29