August 23, 2016
A proposed bill before
Parliament, that seeks to amend the 1988 Prevention of Corruption Act, states
only those who inform an agency before paying bribe and help catch the
bribe-receiver redhanded should be spared. But a select committee of
Parliament, which has studied the bill, in its report said there was no
protection to the "coercive bribe-giver" who may have been
"compelled" to do so.
"The committee recommends
that if the bribe-giver within seven days of giving or paying bribe to a public
servant reports the matter to police or law enforcing agency, he may be given
immunity from criminal prosecution," the committee said. It has suggested
the bill be modified to say the provisions of the same would not apply where a
person is compelled to give an undue advantage to an official and the person so
compelled reports the matter to police within seven days of giving the said
bribe.
In its presentation before the
committee, the government said only judiciary can analyse evidence and define
parameters to ascertain if the bribe-giver was a willing partner or was forced
to commit such crime involuntarily.
"There is every likelihood
that most of the bribegivers, though acting in collusion, may claim that bribe
was paid under compulsion to evade and escape punishment. In view of the
government's policy of zero tolerance to corruption, no distinction in
bribegiving, except giving protection to bribe-giver who informs police/probe
agencies prior to payment of bribe to public servant, is justified," the
DoPT told the select committee.
However, civil society members
told the panel that coercive bribegivers are "the victim of the crime of
bribery" and should not be treated on a par with collusive bribe-givers.
The panel tended to agree with the civil society more than the government.
Source:-The Economic Times
If
a bribe-giver informs the police or a law enforcement agency within
seven days of his action, he may receive immunity from criminal
prosecution.
A proposed bill before Parliament, that seeks to amend the 1988 Prevention of Corruption Act, states only those who inform an agency before paying bribe and help catch the bribe-receiver redhanded should be spared. But a select committee of Parliament, which has studied the bill, in its report said there was no protection to the "coerciv ..
A proposed bill before Parliament, that seeks to amend the 1988 Prevention of Corruption Act, states only those who inform an agency before paying bribe and help catch the bribe-receiver redhanded should be spared. But a select committee of Parliament, which has studied the bill, in its report said there was no protection to the "coerciv ..
If
a bribe-giver informs the police or a law enforcement agency within
seven days of his action, he may receive immunity from criminal
prosecution.
A proposed bill before Parliament, that seeks to amend the 1988 Prevention of Corruption Act, states only those who inform an agency before paying bribe and help catch the bribe-receiver redhanded should be spared. But a select committee of Parliament, which has studied the bill, in its report said there was no protection to the "coerciv ..
A proposed bill before Parliament, that seeks to amend the 1988 Prevention of Corruption Act, states only those who inform an agency before paying bribe and help catch the bribe-receiver redhanded should be spared. But a select committee of Parliament, which has studied the bill, in its report said there was no protection to the "coerciv ..
If a bribe-giver informs the police or a law enforcement agency within
seven days of his action, he may receive immunity from criminal
prosecution.
A proposed bill before Parliament, that seeks to amend the 1988 Prevention of Corruption Act, states only those who inform an agency before paying bribe and help catch the bribe-receiver redhanded should be spared. But a select committee of Parliament, which has studied the bill, in its report said there was no protection to the "coerci ..
A proposed bill before Parliament, that seeks to amend the 1988 Prevention of Corruption Act, states only those who inform an agency before paying bribe and help catch the bribe-receiver redhanded should be spared. But a select committee of Parliament, which has studied the bill, in its report said there was no protection to the "coerci ..