Prevention of Corruption Bill omits Section 11, amends others

This Bill amends the Prevention of Corruption Act, 1988 to redefine corruption offences involving public servants and commercial organizations, and introduces a new chapter for the attachment and forfeiture of property.

Public servants (current or expecting to be in office), individuals who bribe public servants, commercial organizations (including bodies incorporated in or outside India that carry on business in India), and persons in charge of such organizations.

• Defines the offence of a public servant being bribed as requesting or accepting a financial advantage to perform a public function improperly, punishable by 3 to 7 years imprisonment and fine.
• Defines the offence of bribing a public servant, punishable by 3 to 7 years imprisonment and fine; commercial organizations are punishable with a fine.
• Creates a specific offence for commercial organizations if an associated person bribes a public servant to obtain or retain business, with a defense available if adequate procedures were in place.
• Holds persons in charge of a commercial organization guilty of the offence if committed by the organization, unless they prove lack of knowledge or due diligence.
• Makes offences under the new sections cognizable.
• Amends the definition of criminal misconduct for public servants to include illicit enrichment and possession of disproportionate assets.
• Increases the punishment for habitual offenders to 3 to 10 years imprisonment and fine.
• Inserts a new Chapter IV A regarding the attachment and forfeiture of property.

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