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karira

Law panel to Modi Govt: Bribery for 'good intention' should not be considered a crime

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karira

[h=1]Law panel to Modi Govt: Bribery for 'good intention' should not be considered a crime[/h]

New Delhi, Feb 17: Prime Minister Narendra Modi, throughout his electioneering, sought votes to curb widespread corruption and bribery in the government offices, but if reports are to be believed then Law Commission has come up with a recommendation that might promote bribery.

Bribery to be legalised in India?

 

 

As per reports, suggesting amendments in the Prevention of Corruption Amendment Bill, 2013, the Law Commission wants to decriminalisation of bribery 'if taken for a right cause'.

 

 

That means, the law panel has suggested the government to not to penalise a government employee if he is caught seeking bribe for a good cause.

For this, the panel has come up with a justification that Indian employees do not seek bribe only for their personal interests, infact bribe here is taken to get some of the work done on time.

 

 

If this recommendation is accepted then only those public servants would be punished who misused their office by taking bribe.

 

 

It must be noted that taking money or favours to get the work done is legal in several countries, there it is termed as 'facilitation fee'. A person is free to pay some extra money to get his/her work done quickly.

 

 

With India bidding big ticket investments, the Law Commission, last week, recommended mandatory norms by government for commercial organisations to prevent bribery.

 

 

Recommending amendments to the bill, the law panel proposed introducing a "statutory obligation" on the government to publish guidance about the procedures that commercial organisations can take to put in place "adequate systems" to prevent bribery to public servants.

 

 

It said in Section 9, a new sub-clause can be added to make it clear that "the central government shall prescribe and publish guidelines about the adequate procedures, which can be put in place by commercial organisations to prevent persons associated with them from bribing any person, being or expecting to be, a public servant".

 

 

It said the guidelines shall be prescribed and published by the Centre "after following a consultation process in which the views of all the interested stakeholders are obtained".

 

 

Section 10 of the bill pending in the Rajya Sabha extends the liability of the commercial organisation to every person who is in charge of and is responsible to the organisation for the conduct of its business through a deeming provision. The panel in its latest report submitted to the Law Ministry has also recommended amending Section 10.

 

 

The revised Section 10 now states that if an offence by a commercial organisation is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the commercial organisation, then such person shall be guilty of the offence and will be liable to be proceeded against and punishable with imprisonment which shall not be less than three years but which may extend to seven years.

 

 

OneIndia News

 

 

(With inputs from PTI)

 

Read More: Law panel to Modi Govt: Bribery for good intention should not be considered a crime - Oneindia

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MANOJ B. PATEL

Sir, if it becomes a law rich people will enjoy and poor will be unhappy.

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karira

I gave a cursory glance at the attached Law Panel report and it does not mention any such thing.

 

Can members read it in details and see whether any such recommendation is given ?

Report_No.254_Prevention_of_Corruption.pdf

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jps50

I do not think any govt will pass such an amendment nor it will withstand legal scrutiny in a PIL. Only thing Govt can and will do is to fracture institutions which help contain corruption by not posting heads of institutions or posting pliable or incompetent officers as heads [if appointment forced by Courts], not providing necessary funds, staff and infrastructure and such other weakening injections.

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Prasad GLN

A B S U R D. A law panel can never recommend as such "exemptions" to corruption and objects like good cause etc., May be a mistake interpretation.

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aditya_
I gave a cursory glance at the attached Law Panel report and it does not mention any such thing.

 

Can members read it in details and see whether any such recommendation is given ?

 

From what I understand, the report no. 254 no where recommends decriminalisation of bribery for doing things appropriately.

Section 7 & 8 as inserted by 2013 amendment already a bit shadily prescribes that taking/giving any undue financial or other advantage shall be punishable. The commission in its report vide recommendation in pts. 2.7.10, 2.8.7 and 3.3.3 (to amend & add illustration & explanation to section 7 & 8) probably intends to ascertain the stance, that -

  1. Pt. 2.7.10 - Any person, being, or expecting to be, a public servant who obtains or agrees to receive or accepts or attempts to obtain, an undue advantage from any person shall be punishable.
    • Explaination - the obtaining, agreeing to receive, accepting, or the attempting to obtain an undue advantage itself constitutes the improper performance of a public function or activity.
    • Illustration - A public servant, ‘R’ asks a person, ‘P’ to give him Rs. 10,000 to process his routine ration card application on time. R is guilty of an offence under this sub-section.

 

[*]Pt. 3.3.3 - Illustration: A person ‘P’ goes to a public servant, ‘R’ and offers to give him Rs. 10,000 to process his routine ration card application on time. P is guilty of an offence under this sub-section.

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