STRINGENT CORRUPTION LAW ON ANVIL

The Government on Monday piloted a Bill in the Rajya Sabha to amend the Prevention of Corruption Act to increase the punishment for bribes and slapping it also on those giving the bribe, including the commercial organisations. As against the law so far prescribing the punishment of six months to five years plus fine and that too covering only the public servant taking the bribe, the Bill, brought in lieu of India ratifying the UN convention against corruption, prescribes punishment varying from not less than three years to seven years plus fine.

The Bill also provides for a detailed procedure for attachment and forfeiture of the property of the corrupt public services on the lines of a Bill brought to amend the Act lapsed on dissolution of the last Lok Sabha despite the House passing it in December 2008.

For the first time, the Bill seeks to bind hands of the government or the competent authority to convey decision on the per mission sought to probe or prosecute a serving or public servant "in writing" within three months. This time limit is sought to be extended by another one month if consultation with the Attor ney General or the Advocate General is required.

The lapsed Bill's provision for protecting the retired public servants has also been incorporated in the new Bill, requiring the gover nment's per mission necessary at two stages of both investigation and prosecution in case of the "officers working at policy making levels" who are mostly the joint secretaries.

Noting that this protection is already available to the serving officers, the statement of objects and reasons filed by Minister of State V Narayanasamy while tabling the Bill extended it to the retired personnel, explaining that it is basically to protect honest civil servants from harassment by way of investigation or prosecution for things done in bona fide perfor mance of public duty.

It explains necessity to make the bribe giving also a criminal offence at par with those taking the bribe, pointing out that the bribe-giver goes scot-free under the present law in a vast majority of cases, making it "increasingly difficult to tackle consensual bribery.

While any commercial organisation bribing or trying to bribe directly, indirectly or through an agent will be punished with fine, ever person incharge of the organisation for conduct of business will also be punished with jail of not less than three years and up to seven years plus fine. This will cover directors, managers, secretaries and other officers if the offence were committed with their consent or con- nivance or due to any neglect in their part. A person can escape the punishment if he proves that the offence was committed without his knowledge or that he has exercised all diligence to prevent the offence.

A major part of the Bill relates to the procedure for attachment and forfeiture of properties and proceeds of bribery taken by the corrupt public servant.

A special judge can exempt the attachment in case of the accused providing security with he finds satisfactory and sufficient. It also provides that the accused may seek a reasonable part of interest on the attached property for his family's maintenance and for expenses connected with the criminal case filed against him.