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Main Features of Anti Corruption

  • Bribery is a specific and direct crime.
  • The bribe taker will have to face imprisonment of 3 to 7 years as well as a fine.
  • Those giving bribes can also be imprisoned for up to 7 years and fined.
  • It has a provision to protect those who have been forced to pay bribe if the matter is reported to law enforcement agencies within 7 days.
  • Criminal misconduct has been redefined by this Bill. Now only ‘misappropriation of property’ and ‘disproportionate assets’ will come under this.
  • It proposes a ‘shield’ for government servants, including those retired, from prosecution by making it mandatory for investigating agencies like the Central Bureau of Investigation to seek prior approval from a competent authority before investigating against them.
  • However, it adds that such permission will not be necessary for cases involving on-the-spot arrest of a person on a charge of accepting or attempting to accept any undue advantage for himself or for any other person.
  • In any case of corruption against a public servant, the factor of “undue advantage” has to be established.
  • The trial in cases related to exchange of bribes and corruption must be completed within two years. Furthermore, even after reasonable delay, the trial cannot exceed four years.
  • This includes making commercial organizations that pay bribes liable for punishment or prosecution. However, charitable institutions have been kept out of its scope.
  • It provides powers and procedures for attachment and confiscation of property of a public servant accused of corruption.
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