Bribery in India is addressed under several legal frameworks, with stringent laws and penalties aimed at curbing corruption. Here's an overview that covers the primary legislations and penalties:
Introduction to Bribery Laws in India
Bribery, a form of corruption, is the offering, giving, receiving, or soliciting of something of value to influence the action of an official in the discharge of their public or legal duties. In India, the legal framework to combat bribery involves various acts and regulations, prominently including the Indian Penal Code (IPC), 1860, the Prevention of Corruption Act, 1988 (PCA), and amendments thereof.
Indian Penal Code, 1860
The IPC addresses bribery under several sections:
Section 171B: Defines bribery and its forms, including any gratification offered to influence the exercise of electoral rights.
Section 171E: Prescribes punishment for bribery in electoral practices, with imprisonment up to one year, or a fine, or both.
Prevention of Corruption Act, 1988
The PCA is the primary legislation dealing with corruption in India. The Act has undergone several amendments, notably in 2018, to enhance its effectiveness. The key provisions include:
Definition of Public Servant
The PCA broadly defines a "public servant" to include any person in the service or pay of the government or remunerated by the government for the performance of any public duty.
Offenses and Penalties
Taking Bribe (Section 7): Any public servant who takes gratification other than legal remuneration in respect of an official act can be punished with imprisonment for a term of three to seven years and a fine.
Habitual Offenders (Section 8): Those who habitually engage in taking bribes face imprisonment for a term not less than five years, which may extend to ten years, and also a fine.
Bribing a Public Servant (Section 9): Any person who gives or promises to give gratification to a public servant can be punished with imprisonment for a term of three to seven years and a fine.
Bribing a Public Servant for Inducing or Rewarding (Section 10): Similar penalties as Section 9, with imprisonment for a term of three to seven years and a fine.
Criminal Misconduct (Section 13): Public servants committing criminal misconduct, such as misappropriation of property entrusted to them or acquiring assets disproportionate to known sources of income, face imprisonment for a term not less than four years, which may extend to ten years, and a fine.
Possession of Pecuniary Resources (Section 14): If a public servant is found in possession of monetary resources or property disproportionate to their known sources of income, it is presumed to be obtained by corrupt means unless proven otherwise. The punishment is imprisonment for a term of three to seven years and a fine.
Attempts and Abetment (Section 15): Attempting or abetting the offenses under this act is punishable with imprisonment for a term of three to seven years and a fine.
Provisions for Investigation and Prosecution
Sanction for Prosecution (Section 19): No court can take cognizance of offenses under Sections 7, 10, 11, 13, and 15 without prior sanction from the appropriate government authority.
Attachment and Forfeiture of Property (Section 23): Properties obtained through corrupt means can be attached and forfeited under this act.
The 2018 Amendment to the PCA
The 2018 amendment to the PCA introduced significant changes to strengthen the anti-corruption framework:
Enhanced Punishments: Increased penalties for offenses under the PCA, including harsher terms of imprisonment and fines.
Time-Bound Investigation: Set a time limit for completing investigations in corruption cases involving public servants, to avoid prolonged trials.
Protection for Bribe-Givers: Individuals who report bribery within a specific time frame are granted protection, encouraging whistle-blowing and transparency.
Corporate Liability: Introduced corporate liability for bribery and corruption, holding companies accountable for the actions of their employees.
The Lokpal and Lokayuktas Act, 2013
The Lokpal and Lokayuktas Act, 2013, established the institution of Lokpal at the central level and Lokayuktas at the state level to inquire into allegations of corruption against certain public functionaries and for related matters. The key features include:
Lokpal Composition: A chairperson and up to eight members, with half of them being judicial members.
Jurisdiction and Powers: The Lokpal can investigate complaints against the Prime Minister, Ministers, Members of Parliament, Group A, B, C, and D officers and officials of the central government.
Investigation Process: The Lokpal can order a preliminary inquiry by the Central Bureau of Investigation (CBI) or any other agency. Based on the findings, the Lokpal can initiate prosecution or disciplinary proceedings.
Special Courts: The act provides for the establishment of special courts to expedite corruption cases.
Central Vigilance Commission (CVC)
The CVC is an apex Indian governmental body created to address governmental corruption. Key functions include:
Supervisory Role: The CVC supervises the work of the CBI and other agencies involved in investigating corruption cases.
Advisory Role: It advises various authorities in central government organizations on planning, executing, reviewing, and reforming their vigilance work.
Investigation and Prosecution: The CVC has the power to inquire into transactions in which a public servant is suspected or alleged to have acted in a corrupt manner.
Whistle Blowers Protection Act, 2014
This act provides a mechanism to receive complaints related to the disclosure on any allegation of corruption or wilful misuse of power by public servants. It also protects the complainant from victimization.
Conclusion
The legal framework in India to combat bribery and corruption is comprehensive, involving multiple laws, acts, and regulatory bodies. The PCA, in conjunction with the IPC, Lokpal and Lokayuktas Act, CVC, and Whistle Blowers Protection Act, create a robust mechanism for addressing corruption. The penalties are severe, reflecting the commitment of the Indian legal system to eradicate corruption and promote transparency and accountability in public administration.
By continuously evolving these laws and ensuring their stringent enforcement, India aims to reduce corruption and create a more transparent and accountable governance framework.
