Cabinet nod to extend the PC Act net from Individuals to Corporate entities
9 years, 11 months ago

Cabinet nod to extend the PC Act net from Individuals to Corporate entities

Live Law  

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval to amend the Prevention of Corruption Act, 1988 by pursuing the Prevention of Corruption Bill, 2013, pending before the Rajya Sabha by moving official amendments.The proposed amendments would fill in perceived gaps in the domestic anti-corruption law and also help in meeting the. The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval to amend the Prevention of Corruption Act, 1988 by pursuing the Prevention of Corruption Bill, 2013, pending before the Rajya Sabha by moving official amendments. The proposed amendments would fill in perceived gaps in the domestic anti-corruption law and also help in meeting the country's obligations under the United Nations Convention Against Corruption more effectively. It is also proposed to extend the protection of prior sanction for prosecution to public servants who cease to hold office due to retirement, resignation etc.Further, prior sanction for inquiry and investigation shall be required from the Lokpal or Lokayukta, as the case may be, for investigation of offences relatable to recommendations made or decision taken by a public servant in discharge of official functions or duties.

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History of this topic

Prevention Of Corruption Act | 'Demand & Acceptance Of Bribe Not Proved In Trap Case' : Supreme Court Acquits Govt Employees
2 weeks, 2 days ago

Prevention Of Corruption Act | 'Demand & Acceptance Of Bribe Not Proved In Trap Case' : Supreme Court Acquits Govt Employees

Live Law  

The Supreme Court recently acquitted two government employees accused of demanding and accepting bribe after noting that the prosecution failed to prove the factum of demand and acceptance of bribe. The Court reiterated that a presumption under Section 20 of the Prevention of Corruption Act, 1988 would not arise against the accused unless the factum of demand and acceptance. The …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Public servants on official duty need not worry. They have adequate safety guaranteed in law
4 years, 9 months ago

Public servants on official duty need not worry. They have adequate safety guaranteed in law

Hindustan Times  

On May 23, finance minister Nirmala Sitharaman announced that banks should automatically extend loans to eligible micro, small and medium enterprises sector borrowers without the fear of 3Cs – CBI, CVC, and CAG. The FM’s statement highlighted the widely perceived apprehension among public servants that they can be later prosecuted for their bona fide decisions. Courts have consistently held that …

Prevention of Corruption (Amendment) Act 2018 Will Not Affect Offences Committed Prior To Its Enactment: Delhi HC [Read Judgment]
4 years, 10 months ago

Prevention of Corruption (Amendment) Act 2018 Will Not Affect Offences Committed Prior To Its Enactment: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court on Friday held that the Prevention of Corruption Act, 2018, so far as it substitutes Section 13 of the principal Act, does not operate in a retrospective manner. Section 13 of the Prevention of Corruption Act, 1988 originally stated, "A public servant is said to commit the offence of criminal misconduct,- if he, - by corrupt …

Benefit Of Amendment In Section 13 Prevention Of Corruption Act 1988 As Amended By The Prevention Of Corruption (Amendment) Act 2018 Can Be Extended To Pending Cases
4 years, 11 months ago

Benefit Of Amendment In Section 13 Prevention Of Corruption Act 1988 As Amended By The Prevention Of Corruption (Amendment) Act 2018 Can Be Extended To Pending Cases

Live Law  

The Prevention of Corruption Act 1988 was amended by The Prevention of Corruption Act 2018 vide which the amendment to section 13 of the PC Act 1988 was introduced by substituting the text of Section 13 with a new definition for the offence of criminal misconduct. Accordingly, the Prevention of Corruption Bill, 2013 had proposed to delete section 13 of …

Repealed PC Act proviso: CBI court may have to wait for SC to adjudicate
5 years ago

Repealed PC Act proviso: CBI court may have to wait for SC to adjudicate

Hindustan Times  

The Supreme Court will adjudicate the contentious issue of legitimacy of the repealed Section 13 of the Prevention of Corruption Act invoked in numerous criminal cases including land-related matters involving former Haryana chief minister Bhupinder Singh Hooda and several former civil servants as accused. HT Image A special CBI court in Panchkula hearing charges in the Manesar land release case …

Agenda for new government: Insulating anti-corruption architecture
5 years, 9 months ago

Agenda for new government: Insulating anti-corruption architecture

India Today  

Corruption may have gone out of political narrative but India's struggle for a credible and independent anti-corruption mechanism endures. Single directive: From executive instructions to statutory form The 'single directive' has been one of the banes in the fight against corruption, perpetuating undesirable interference in investigating public servants. In the traditional sense, the single directive was a set of instructions …

An Overview On The Prevention Of Corruption (Amendment) Act 16 of 2018 [Part-II]
6 years, 4 months ago

An Overview On The Prevention Of Corruption (Amendment) Act 16 of 2018 [Part-II]

Live Law  

to cause to forbear such public duty by such public servant or by another public servant, commits an offence under this section.The punishment is imprisonment for not less than 3 years but upto 7 years AND fine. Old Section 10 which was meant for punishing a public servant for abetting an offence under Sections 8 and 9, has been deleted …

Centre says amended anti-corruption law will rein in graft, but bureaucrats and activists claim legal provisions weakened
6 years, 7 months ago

Centre says amended anti-corruption law will rein in graft, but bureaucrats and activists claim legal provisions weakened

Firstpost  

The Centre is seeking to project the passage of the Prevention of Corruption Act as a major step in its fight against corruption. The amended law also has provisions to deal with bribes by corporate entities, and government employees possessing disproportionate assets. An IAS officer working with the central government said, “Initially, there was a provision for seeking prior approval …

Prevention of Corruption Act diluted? What changes did the amendment bill bring?
6 years, 8 months ago

Prevention of Corruption Act diluted? What changes did the amendment bill bring?

India Today  

Parliament passed Prevention of Corruption Bill 2018 on July 24 to enhance transparency and accountability of the government but some of the provisions of the bill are drawing criticism on social media. Criminal misconduct Earlier, criminal misconduct used to cover offences including taking bribe habitually, getting anything free or at a concession, obtaining pecuniary advantage for oneself or for another …

Parliament nod to new anti-corruption law, protects honest officers against harassment
6 years, 8 months ago

Parliament nod to new anti-corruption law, protects honest officers against harassment

Live Mint  

New Delhi/Mumbai: In an attempt to shield honest bankers from prosecuting agencies, the Parliament on Tuesday amended the Prevention of Corruption Act, accepting a long-standing demand. Further, bankers cannot be pulled up under the amended corruption law unless they have accumulated assets disproportionate to their income or have misappropriated assets entrusted to them. This has been done by narrowing the …

Prevention of Corruption (Amendment) Bill, 2013 (As presented in Rajya Sabha – Salient Features)
6 years, 8 months ago

Prevention of Corruption (Amendment) Bill, 2013 (As presented in Rajya Sabha – Salient Features)

Live Law  

The Rajya Sabha on 19th July 2018 passed a Bill seeking to amend the various provisions of Prevention of Corruption Act, 1988.The Bill which was originally proposed during 2013 was then referred to a Select Committee of Rajya Sabha, which submitted its report on August 12, 2016.Major changes suggested in the PC Act, 1988 as reported by the Rajya Sabha …

In good faith?
7 years, 9 months ago

In good faith?

The Hindu  

Three Indian Administrative Service officers, including former coal secretary H.C. Gupta, who dealt with allocation of coal mines have been sentenced to a two-year term on the grounds of causing pecuniary advantage to others. Incomplete facts Further, the Special CBI Court concluded that the secretary made dishonest misrepresentation to then Prime Minister Dr. Manmohan Singh, who was also the Coal …

Prevention of Corruption Act: Time to blow the whistle
8 years, 3 months ago

Prevention of Corruption Act: Time to blow the whistle

The Hindu  

As the nation engages in a doubtful “war on black money”, we run the risk of disengaging ourselves from any action on corruption, the fountainhead of black money. Section 13 of the existing PCA covers various indirect forms of corruption including the obtaining of “any valuable thing or pecuniary advantage” by illegal gratification or by “abusing his position as a …

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