The Prevention of Corruption (Amendment) Bill, 2018--Key Highlights

Pragya Bhandari

The Prevention of Corruption (Amendment) Bill, 2018 has proposed to amend various provisions of the Prevention of Corruption Act, 1988. In this article, the author has analysed some of the key amendments.

1. Introduction

India has a number of anti-corruption laws. The Prevention of Corruption Act, 1988 is the principal anti-corruption law as it was enacted to combat corruption and matters related therewith in Government agencies and public sector businesses in India. This Law defines who is public servant and punishes public servants involved in corruption or bribary. It also punishes anyone who helps him or her commit the crime of corruption or bribery. In order to have effective governance to prevent corruption and to enhance accountability and transparency of the Government, parliament passed Prevention of Corruption (Amendment) Bill, 2018 ('amendment bill') on 24th July 2018. The amendment bill enlarges the scope of legislation and brings significant changes and new provisions under the Act. Further, the proposed amendments are mainly aimed at laying down more stringent measures to deal with corruption which are as follows:

2. Undue advantage-Meaning of

The amendment bill provides the meaning of undue advantage. Accordingly, it means any gratification whatever, other than legal remuneration.

3. Time limit for concluding trial

The amendment bill provides the time limit of two years for concluding the trial by special judge. In case of delay, extension of six months may be provided on recording of reasons in writing. However, total period for completion of trial may not exceed four years.

4. Punishment for offences w.r.t. bribery