The Union Cabinet has approved official amendments in the Prevention of Corruption Act to help the bureaucracy take faster decisions besides making more stringent provisions against corrupt persons. The bill to amend the act is currently pending in the Rajya Sabha.

The amendments, as approved by the Cabinet on Wednesday, prescribe extending 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 decisions taken by a public servant in the discharge of official functions or duties, a Government statement said.

However, intentional enriching by public servants will be construed as criminal misconduct and possession of disproportionate assets as proof of such illicit enrichment. Besides this, non-monetary gratification has been covered within the definition of the word gratification.

Meanwhile, the amendments have provided more stringent punishment for the offence of bribery, both for the bribe giver and the bribe taker. “Penal provisions being enhanced from minimum 6 months to 3 years and from maximum 5 years to 7 years (The seven-year imprisonment brings corruption to the heinous crime category),” the statement said.

At the same time, to contain gain of benefits from profits of corruption, powers of attachment are proposed to be conferred upon the trial court (Special Judge) instead of the District Court. The amendments talk about expanding the ambit of the provision for containing inducement of public servants from individuals to commercial entities so as to contain the supply side of corruption, besides providing for issue of guidelines for commercial organisations to prevent persons associated with them from bribing a public servant.

It is also proposed to complete the trial in two years. It may be noted that the average trial period of cases under the Act in the last four years has been above eight years.

The law was enacted in the year 1988. Later developments, such as India ratifying the UNCAC, international practice on treatment of the offence of bribery and corruption, etc. necessitated a review of the existing provisions of the Act, so as to bring it in line with current international practice and also to meet, more effectively, the country's obligations under the UNCAC.

Accordingly, the Prevention of Corruption (Amendment) Bill, 2013 was introduced in the Rajya Sabha on August 19, 2013. The Department related standing committee gave its report last year, but the bill could not be passed. As the bill contemplates an important paradigm shift in defining offences relating to bribery, the views of the Law Commission were also sought on the proposed amendments. Proposed amendments are based on the recommendations of the Commission.

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