Anti Corruption Law and its implementation in India

Presented by: R. Nagendra Naik, Advocate, Bangalore Email::advocatenaik@hotmail.com

Corruption

Corruption is spiritual or moral impurity or deviation from an ideal. In economy, corruption is payment for services or material which the recipient is not due, under law. This may be called bribery, kickback. In government it is when an elected representative or Public servant makes decisions that are influenced by vested interest for personal gain.

Corruption during ancient time

Mir Sadiqheld the post of a minister in thecabinetofTipu SultanofMysorein India. In theFourth Anglo-Mysore War, he is alleged to have betrayed the sultan by siding with theBritish. He allegedly pulled the Mysorean army from the battlefield for collecting wages in the midst of the battle. This allowed the British forces to storm the boundary wall with little defence, paving the way for a British victory.

other instances

Corruption in the ancient world is first evidenced by an archive listing the names of "employees accepting bribes" found in an administrative centre of the ancient Assyrian empire 3400 years ago.

Conclusion :
Corruption Co exists with the administration from ancient time.

Graph showing Corruption in different countries of the world.

Source : Transparency International

IPC Sections to prevent corruption it shows corruption exists even in 18th Century
Section 161 to 165 of IPC deals with various offences of corruption and this is the first step to fight against corruption committed by the public servants. Section 161 of IPC deals with a public servant who accepts or obtains or agrees to accept from any person for himself or for any other person any gratification other than the legal remuneration. Section 162 of IPC deals with a person who accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any gratification by corrupt or illegal means to influence a public servant.

THE PREVENTION OF CORRUPTION ACT, 1947 It shows corruption is not disease orginated in post indefendence era

(ACT NO. II OF 1947).[11th March, 1947] An Act for the more effective prevention of bribery and corruption. WHEREAS it is expedient to make more effective provision for the prevention of bribery and corruption; It is hereby enacted as follows:Short title and extent 1. (1) This Act may be called the Prevention of Corruption Act, 1947. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and persons in the service of 2[ the Republic] wherever they may be.

Abetment is made offence for the first time

Abetment of corruption was not an offence till 1952 . Hence, in 1952, by way of Criminal Law Amendment, 165-A was inserted to make abettor of sec.161 or 165 of IPC as offenders.

 Prevention

of Corruption Act, 1988 Criminal Law Amendment Ordinance 1944 Prevention of Money Laundering Act 2002

Agencies Working under several Act to prevent corruption

Delhi Police Special Establishment (CBI) Central Vigilance Commission (CVC) Chief Vigilance Officers (CVO s) in various ministries and organizations Lokayuktha Anti Corruption Brach Civil service conduct rules

Why CBI is established under DSPE Act?

The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. Of India during World War II. Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt. The Delhi Special Police Establishment Act was therefore brought into force in 1946. The CBI's power to investigate cases is derived from this Act.

Who are all the persons covered under the Act?

a) Public Servants Civil Service, Ministers, Societies receiving aid from State or Central Governments, anybody discharging Public duty using state fund.

1) Public Duty: It means a duty that is dine for the benefit of the State, the public or the community at a large. It this context, State would mean: a) A corporation established by or under a Central, Provincial or State Act. b) An authority or a body owned controlled or aided by the Government company as defined in Sec. 617 of the Companies Act,1956.

The PCA of 1988 provides a wider definition in the Act itself under clause (c) of sec. 2. the following are the salient aspects of the new definition: a) Under cl (c) of Sec.2 of the PC, the emphasis is on public duty and not on the Authority remunerating.

b) The definition is enlarged so as to include the officebearers of the registered co-operative societies receiving any financial aid from the Government, or from a Government corporation or company, the employees of universities, public service commissions and banks etc.

Anti-Corruption can be basically divided into three categories.

1.bribery and its abettors. 2.Abuse of official position 3.Possession of disproportionate assets

Ex: trap while accepting bribe. punishment: 6 months to 7 years of imprisonment and fine

2G Common wealth Coal Scam What is abuse of power and administrative decesion.

Anna Hajare and his team, how the demand is not justified? .

Lokpal is not an answer to all the problem. Even if you establish Lokpal it will not work better than CVC as the person managing will be the same. Creating a super power is always dangerous to democracy.

Set up in 1964 as the apex organization for maintaining probity in public life It is a Superviosory body of CBI under CVC Act in the matter of corruption

Each ministry/organization has a CVO, appointed after clearance from the CVC Monitors and takes action on irregularities in the organization, and reports them to the CVC All cases of suspected corruption referred to him

In terms of the Central Vigilance Commission Act 2003, the Commission has been made a multimember body, consisting of the Central Vigilance Commissioner (CVC) and two Vigilance Commissioners (VCs) as its members. The appointment of the CVC as well as that of the VCs has been made by the President on the recommendations of a Committee consisting of (a) the Prime Minister, (b) the Minister of Home Affairs and (c) the Leader of the Opposition in the Lok Sabha.

Abuse means misuse i.e. using his position for something for which it is not intended. The abuse of official position is wider than the offence of bribery. The abuse may be by corrupt or illegal means To obtain pecuniary advantage or any valuable thing for himself or for any other person .

Large numbers of public servants indulge in corrupt activities on regular basis and some times it would be difficult to catch them while accepting the bribe by laying a trap and the ill-gotten money so colleted by them are converted into assets. Hence, to detect such officer, disproportionate asset was made as an offence in PC Act.

No court shall take cognizance of an offence under sections 7, 10, 11, 13 and 15 of PC Act. Sanction not required for the offences under sec 8, 9, 12 and 14 of PC Act.

Sections 451 to 459 of the code of Criminal Procedure Act, 1973 deal with the powers of courts in the matter of disposal of property. When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fir for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence

Change election campaigning system. Political funding Voters mentality.

Eradication of Corruption
Three thing which cannot be eradicated completely from the society is

a) Corruption b) Prostitution c) Prohibition Because all the three is result human greed or desire

Chanakya you can win over a greedy by offer of

money, a proud person by cowering before him, a fool by agreeing with him and a scholar by speaking truth.

Fighting corruption
Fighting corruption is an implementation of at least three core values: a) ethical business practices, b) social responsibility in business and c) values-based leadership.

THE END