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Which of the following statements about the Prevention of Corruption (Amendment) Bill, 2018 is/are correct?
Choose the correct alternative:
1, 2 and 3
2 and 3 only
3 only
2 only
The first statement is incorrect as only collusive form of bribery is punishable and not the coercive one.
Provisions of the Bill- • The Bill 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. • The Bill makes specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation. • The Bill redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets. It does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person. • The Bill modifies the definitions and penalties for offences related to taking a bribe, being a habitual offender and abetting an offence. • It introduces the powers and procedures for the attachment and forfeiture of property of public servants accused of corruption. • The Bill adds the provision for prior sanction to prosecute former officials. The Act only provided for the prior sanction to prosecute serving public officials. • It deletes the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may prevent bribe givers from appearing as witnesses in court. • Under the Act, a person is proven guilty for the offences of taking a bribe, being a habitual offender or abetting an offence. The Bill amends this provision to only cover the offence of taking a bribe. • It provides more stringent punishment for the offences of bribery, both for the bribe giver and the bribe taker. It provides for seven years of imprisonment or a fine or both for the bribe givers.
By: Cammy Garg ProfileResourcesReport error
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