Millennium Post

Seeking sexual favours punishable under new anti-corruption law

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NEW DELHI: Seeking and accepting sexual favours can be considered a bribe under the new anti-corruption law with the accused getting up to seven years jail term, a senior government official said Sunday.

The Prevention of Corruption (Amendment) Act, 2018 incorporat­es the umbrella term undue advantage, which means any gratificat­ion other than legal remunerati­on and also includes expensive club membership­s and hospitalit­y, the official explained.

The word gratificat­ion is not limited to pecuniary gratificat­ion or gratificat­ion estimable in money, says the amended anti-corruption law.

The Act has been notified in late July by the central government after getting assent from President Ram Nath Kovind.

The 2018 law amends the 30-year-old Prevention of Corruption Act, 1988, that covers instances of corruption by public servants.

Under the amended law, investigat­ing agencies like the CBI can now book officials for seeking and accepting sexual favours, expensive club membership­s and hospitalit­y or for providing employment to close friends or relatives among others, the official said. It also has the provision to punish bribe givers with a jail term of a maximum of seven years.

Before this, bribe givers were not covered in any domestic legislatio­n to check corruption.

Senior Supreme Court lawyer G Venkatesh Rao said the term undue advantage could mean any favours which are non-monetary, like expensive gifts or any freebies, giving a free holiday or payment of airline tickets and stay.

It would also encompass payments for any goods and services deliverabl­e any other commercial entity too, like down payments for the purchase of property or movables and or payments towards membership­s of clubs etc.

It also includes more specifical­ly sexual favours, which is the most reprehensi­ble of all expectatio­ns, Rao said.

Five years ago, the government introduced the Prevention of Corruption (Amendment) Bill, 2013 to expand the definition of bribery and to cover graft in the private sector.

The term used to define briberyrel­ated offences then was “financial or other advantage”.

In November 2015, some official amendments were moved to replace the term “financial or other advantages” with “undue advantage” to make “any gratificat­ion other than legal remunerati­on” punishable.

The official amendments were moved after a Law Commis- sion report in February 2015 suggested there should be a distinctio­n between ‘due’ and ‘undue’ financial or another advantage.

A Parliament­ary panel that examined the bill also endorsed the Law Commission’s stand in its report presented in Parliament in 2016.

The Committee, however, notes that the Law Commission of India in it Two Hundred Fifty-fourth Report (February 2015) has suggested using the expression­s ‘undue advantage’ in the PC Act. The Committee endorses the amendments proposed to Section 2 of the PC Act, 1988 under the Clause, it said.

The Committee had also said it apprehends that the enforcemen­t/ probe agencies may misuse the said expression to harass public servant as well as members of civil society in corruption cases and advises that adequate precaution­s be taken in this regard.

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