Prevention of Corruption Act, 2018

Why in news?

• The newly inserted Section 17A in the Prevention of Corruption Act (2018), aimed at shielding public sector officials and bankers against law enforcement overreach, has come into the spotlight after Rajasthan Police on Monday arrested former State Bank of India (SBI) chairman Pratip Chaudhuri in a decade-old bad loan case.

More about the news:

• Section 17A provides that police requires previous approval of the government for investigation into any offence allegedly committed by a public servant under the Prevention of Corruption Act.

About Prevention of Corruption Act, 2018:

• The Prevention of Corruption Act, 2018 is an Act of the Parliament enacted to combat corruption in government agencies and public sector businesses in India.
• It was passed by Parliament which seeks to amend the Prevention of Corruption Act, 1988.
• The Amendment Act attempted to bring the Prevent of Corruption Act in line with United Nations Convention against Corruption 2005, which was ratified by India in 2011.

Key Features:

• Definition of ‘Undue Advantage’:
  • The Amendment Act provides that any public servant who accepts or attempts to accept from any person, any ‘undue advantage’, either for himself or for any other person, in lieu of performance of a public duty, shall be punishable with imprisonment for a minimum term of three years and maximum of seven years.
  • The Amendment Act has defined ‘undue advantage’ to mean any gratification other than legal remuneration that a public servant is permitted to receive
• Offering bribe:
  • The Act introduces the offence of giving a bribe as a direct offence.
  • However, a person who is compelled to give a bribe will not be charged with the offence if he reports the matter to law enforcement authorities within seven days.
• Criminal misconduct:
  • The Act redefines the provisions related to criminal misconduct to only cover two types of offences:
    • Fraudulent misappropriation of property; and
    • Illicit enrichment (such as amassing of assets disproportionate to one’s known sources of income).
• Prior sanction of appropriate government for investigation and prosecution:
  • The PC Act required prior sanction of the appropriate government for prosecution of serving public officials.
  • The Amendment Act extends this protection of requirement of prior approval to investigation prior to prosecution.
  • Further, such protection is extended to former officials as well, for offences done while in office.
• Time period for trial of cases:
  • The Amendment Act prescribes that the Special Judge shall endeavour to complete the trial within two years.
  • This period can be extended by six months at a time and up to a maximum of 4 four years in aggregate subject to proper reasons for the same being recorded.
• Attachment of property:
  • The Amendment Act has provided for application of the Prevention of Money Laundering Act 2002 and Criminal Law Amendment Ordinance 1944 for attachment and administration of property procured by means of an offence under the PC Act.
• It covers bribe-giving commercial organisations to be liable for punishment or prosecution. However, charitable institutions have been left out of its ambit.

PRACTICE QUESTION:

Which of the following statements is/are correct regarding ‘Prevention of Corruption Act, 2018’?

1. Police requires prior approval of the relevant government to conduct any investigation into an offence alleged to have been committed by a public servant under the Act.

2. The Act introduces the offence of giving a bribe as a direct offence.

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer