Highlights of the Bill

• The Prevention of Corruption (Amendment) Bill, 2013 amends the Prevention of Corruption Act, 1988.

• The Act covers the offence of giving a bribe to a public servant under abetment.  The Bill makes specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation.

• The Bill redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets.

• The Bill modifies the definitions and penalties for offences related to taking a bribe, being a habitual offender and abetting an offence.

• Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption have been introduced in the Bill.

• The Act requires prior sanction to prosecute serving public officials.  The Bill extends this protection to former officials.

Key Issues and Analysis

• The Bill makes giving a bribe a specific offence.  There are diverging views on whether bribe giving under all circumstances must be penalised.   Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.

• The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial.  This may deter bribe givers from appearing as witnesses in court.

• The Bill has replaced the definition of criminal misconduct.   It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets.  Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.

• By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person.

• Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual offender or abetting an offence.  The Bill amends this provision to only cover the offence of taking a bribe.