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What Indian Penal Code 1860 says?!
Introduction
Corruption laws in India
Corruption laws in India
Public servants in India can be penalized for corruption
under the Indian penal code 1860 and The Prevention of Corruption act 1988. The
Benami transaction (prohibition act), 1988 prohibits benami transaction . The
prevention of money laundering Act 2002 penalise servants for the offence of
money laundering . India is also a signatory (not ratified) to the UN convention against
corruption since 2005. The convention covers a wide range of acts of corruption
and also proposes certain prevention policies.
What Indian Penal Code 1860 says?!
Section 169 pertains to a public servants unlawfully
buying or bidding for property. The public servant shall be punished with imprisonment
of up to two years or with fine or both. If the property is purchased , it
shall be confiscated. Section 409 pertains tp criminal breach of trust by a
public servant. The public servant shall be punished with life imprisonment or
with imprisonment of up to 10 years and a fine.
Prevention of corruption act 1988
The Indian parliament enacted to combat corruption in
government agencies and public sector business in India. This law defines a
public servant caught red handed or involved in corruption or in bribery will be punished. Including
anyone who helps him or her commit the crime corruption or bribery.
-
When a public servant accepts money or gifts over
and above their salary ,in return for favouring a person in their official duty
shall be punished.
-
When a public servant is guilty of criminal
misconduct such as regularly accepting bribes to favour people during their official
duty.
-
Any person helping the public servants commit
these crimes can be also be punished.
Anti–corruption amendment in 2018
The prevention of corruption amendment bill
2018,was passed by the Indian parliament here are the key features of the bill
passed by parliament :-
- -Giving bribe is a specific and direct offence.
- -Those convicted of taking bribes can be imprisoned
for three to seven years. Besides being fined under the provision of the bill.
- -Bribe-givers have also been included in the legislation
for the first time and they cane be punished with imprisonment for up to seven
years, a fine or both.
- -The bill has removed the provision
which protected a bribe-giver from prosecution for statement made by him/her
during corruption trials.
- -The bill proposes a shield for government
servants including those retired, from prosecution by making it mandatory for
investigating agencies such as the central bureau of investigation to take
prior approval from a competent authority before conducting an enquiry against
them.
Conclusion
According to
corruption perception index India scored 81st most corrupt country in the
world . there is a an urgent need to implement anti-corruption law. due to corruption India faces several problems
like poverty, unemployment, illiteracy etc . anti – corruption law may help in
curbing corruption from the country.
