ANTI-CORRUPTION LAW SERIES

 Dear Development Leaders

Promote Activities such as :-

1.Organize, communicate, and raise awareness on Anti corruption laws to your target people.

2.Identify the victims and witnesses of corruption in your working area

3.Identify the need of Legal consultancy for Consumer rights, women’s rights, Child rights, aged rights, revenue, education, documents registration, social welfare, public and temple property panchayat, forest, insurance, and all government department corruptions related issues etc

4.Get an affidavit for such issues

Anticorruption law- series

Prevention of Corruption Act, 1988

The primary anti-corruption statute in India, the Prevention of Corruption Act, 1988 (‘PCA’), criminalises receipt of any ‘undue advantage’ by ‘public servants’ and providing such undue advantage by other persons.  The PCA states that an ‘undue advantage’ is any gratification (not limited to being pecuniary in nature or estimable in money) other than the legal remuneration which a public servant is permitted to receive either from the government or any other organization served by such public servant.  Further, the term ‘public servant’ has a wide definition under the PCA, and includes any person in the service or pay of any government, local authority, statutory corporation, government company, or other body owned or controlled or aided by the government, as well as judges, arbitrators, and employees of institutions receiving state financial aid.  The Supreme Court of India has also held that employees of banks, public or private are also considered ‘public servants’ under the PCA.1

The offences under the PCA include: (1) public servants obtaining any undue advantage with the intention, or as a reward, to improperly or dishonestly perform or cause performance of public duty; (2) public servants obtaining any undue advantage without (or for inadequate) consideration from a person concerned in proceedings or business transacted either by the public servant or any other public servant to whom such public servant is a subordinate; and (3) criminal misconduct by a public servant (which includes possession of disproportionate assets) and a habitual offender.

The PCA also targets the conduct of ‘middlemen’, influence peddlers or intermediaries who facilitate bribery, by criminalizing the act of taking any undue advantage to cause the improper or dishonest performance of public duty.  Until recently, bribe-givers were brought within the ambit of the PCA through the offence of ‘abetment’ of the offences mentioned above – however, recent legislative changes to the PCA in 2018 have expressly targeted bribe-givers by criminalising the act of providing or promising to provide a bribe to any person (irrespective of whether such person is a public servant or not) to induce or reward a public servant to improperly or dishonestly perform a public duty.  The bribe-giver may also be charged with ‘criminal conspiracy’ to commit offences under the PCA.

The penalties for various offences under the PCA include imprisonment ranging from six months to 10 years, and a fine (for which no maximum amount is prescribed).  Further, recent legislative changes to the PCA have also introduced provisions pertaining to attachment and confiscation of property procured by way of an offence under the PCA.  It is not inconceivable for investigating authorities to allege that any advantage received by a bribe-giver pursuant to the bribery (which is an offence under PCA) could also be subject to attachment and confiscation, and not just the property of the public servant(s) in question.

Under the PCA, if there is an agreement or attempt to give or receive a bribe, this itself is sufficient to constitute an offence (and attract prosecution), and the actual payment of a bribe is not necessary.  Further, it is immaterial whether the bribe has been obtained for a public servant’s own benefit or the benefit of any other person, either directly or through any other person.  Offences under the PCA are generally investigated by a special enforcement unit called the Central Bureau of Investigation (‘CBI’) or the state anti-corruption departments of the police.  It may be noted that the prior sanction of the government is required for the initiation of prosecution under the PCA against public servants.  However, this safe harbour applies only to proceedings against serving and retired public servants and not persons accused of giving bribes.  Trials for offences under the PCA are conducted before special courts set up for this purpose.

Service rules for government officials

Government officials in India are also bound to conduct themselves in accordance with the ‘service rules’ applicable to different classes of officials, including the Central Civil Services (Conduct) Rules 1964 and the All India Services (Conduct) Rules 1968 (‘Service Rules’).  Service Rules prohibit government officials from receiving gifts, hospitality, transport, or any other pecuniary advantage that exceeds certain specified thresholds from individuals other than near relatives or personal friends (with whom such official has no business dealings) without the sanction of the government – however, a casual meal, a casual lift, or other social hospitality is permitted.  The Service Rules also provide that government servants are not permitted to accept lavish or frequent hospitality from persons with whom they have official dealings, and prohibit government servants from engaging in any trade, business, or other employment, canvassing in support of any business and participating, except in the discharge of official duties, in the registration, promotion or management of any company for commercial purposes.  A contravention of the Service Rules can lead to initiation of disciplinary proceedings against the concerned official, the consequences of which could include termination of service.

(All forms of corruption must be ended to secure the basic rights of all people and ensure a world where everyone can live in dignity.

We also know that corruption can’t be rooted out in one big sweep. Rather, fighting it is a step-by-step, project-by-project process.)

MANISHANKAR

CEO-Anti-Corruption And Human

 Rights Movement®-Chennai

Email; anticorruption.org2007@gmail.com.

 Mobile:91 9087856137