The two major flaws of the previous bill have been addressed in the new Prevention of Corruption (Amendment) Bill, 2013. Firstly, the new Act addresses the criteria of fundamental flaws in the earlier Act by providing for punishment ‘to both bribe givers and takers’ and ‘requiring the element of dishonest intention of the public official to be proved for an offence.’It provides protection if ‘the briber assists the investigative agency’. Even ‘non-monetary gratification’ has been included within the ambit of the Bill.
“Promoters of companies have been made more accountable. Since the company cannot be sent to jail, the individual in the management responsible for the corruption will be held liable,” said Arun Jaitley.
After being passed with a few changes in the Rajya Sabha last week, the Lok Sabha on July 24th passed the Prevention of Corruption (Amendment) Bill in the year 2018. The amendments make a number of crucial changes to the law that governs how corruption is investigated and prosecuted in the country.
The amendment narrows the definition of ‘corrupt public official.’ The updated Section 7 defines a ‘corrupt public official as ‘…any public servant who tries to obtain or accept from any person an “undue advantage with the intention to perform or cause performance of public duty improperly or dishonestly.” This also includes receiving an undue advantage as a “reward” for improper or dishonest work.’
“The new Bill, besides correcting the somewhat loose language, now requires the element of mens rea i.e. the dishonest intention to be proved for an offence of criminal conduct to be made out. This will ensure that bonafide actions of public servants are not called into question,” Jaitley said.
The Prevention of Corruption (Amendment) Bill, 2018, has many provisions to ensure a speedy trial of corruption cases besides providing protection to bureaucrats, even after their retirement, from several complaints charged against them.