The Hindu Business Line : Bill for tougher anti-corruption law

New Delhi, Dec 19 A Bill seeking to amend the existing Prevention of Corruption Act 1988, to insert a new Chapter empowering the special judge to attach before judgement the property acquired by holders of public office through corrupt means, was introduced in the Lok Sabha on Friday.

Piloting the Bill, Mr Prithviraj Chavan, Minister of State in the Ministry of Personnel, Public Grievances and Pension, said though the Prevention of Corruption Act 1988 was meant to make anti-corruption laws more effective, the extant law needed important changes based on actual experience in its implementation, and also in consonance with the recommendations of the Law Commission of India and the Committee on Civil Services Reforms (Hota Committee).

‘Speedy’

The statement of objects and reasons for the amendment Bill said the Law Commission in its 166th report suggested enactment of a separate law providing for forfeiture of property acquired by holders of public office through corrupt means. The recommendations were examined and it was considered that the confiscation of illegally acquired property could be achieved by incorporating, with suitable modification, provisions of the Criminal Law (Amendment) Ordinance, 1944 in the Prevention of Corruption Act (PCA) 1988 itself. Accordingly, it is proposed that a new Chapter IVA be inserted in the PCA to empower the special judge to exercise the powers of attachment before judgement. This procedure would be “more effective and speedy”.

Quantum of fine

Referring to the Hota Committee favouring a review of section 13(1) (d) (iii) of the said Act by observing that if a decision of an officer benefits a person without public interest, the officer concerned could be prosecuted in a court of law, it said the proposed amendment would omit the said sub-clause. This is because all commercial decisions benefit one party or another and it is difficult for an officer, even though acting in good faith, to ensure conformity with this provision.

It is also proposed to amend section 16 of the said Act to provide a quantum of fine for a person accused of an offence under section 13(1), so as to not exceed the pecuniary resources or value of property for which the accused person is unable to account satisfactorily.

Vexatious prosecution

Stating that the purpose of section 19 is to safeguard a public servant from vexatious prosecution from any bona fide omission or commission in the discharge of his official duties, it said that currently this protection is not available to a person who has ceased to be a public servant. The section is being amended to provide protection to persons who ceased to be public servants on the lines of section 197 of the Code of Criminal Procedure, 1973.

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