Corruption now a ‘heinous’ crime, can attract imprisonment for 7 years
New Delhi: The Union Cabinet on Wednesday brought corruption under the heinous crime category by approving amendments to an anti-graft legislation enhancing the penalty to a jail term of maximum of seven years from the existing five years. The new amendments also pave way for speedy trial of all corruption cases.
The proposed amendments to the Prevention of Corruption Act, 1988, provide for more stringent punishment for bribery offences for the bribe giver and the bribe-taker, official sources said.
To ensure speedy conclusion of corruption cases, a time limit of two years has been proposed. It is also proposed to extend the protection of prior sanction for prosecution to public servants who cease to hold office due to retirement, resignation and so on.
The ambit of the existing law will be enhanced to make commercial entities liable for inducement of public servants. Under the present law, only individuals were liable. Non-monetary gratification will also be covered under the definition of gratification in the existing Act.
Lokpal nod for graft probe must
The proposed Prevention of Corruption Bill also seeks to provide guidelines for commercial organisations to prevent persons associated with them from bribing a public servant.
Meanwhile, non-monetary gratification will also be covered under the definition of the word gratification in the existing act. “Penal provisions being enhanced from minimum six months to three years and from maximum five years to seven years (the seven year imprisonment brings corruption to the heinous crime category),” a press release said.
“The average trial period of cases under the Prevention of Corruption Act in the last four years has been above eight years,” it said. It is proposed to ensure speedy trial by providing a trial completion (period) within two years,” it said.
“Further, prior sanction for inquiry and investigation shall be required from the Lokpal or lokayukta, as the case may be, for investigation of offences relatable to recommendations made or decision taken by a public servant in discharge of official functions or duties,” the official release said.
The official amendments, approved by the Cabinet will now be the part of the Prevention of Corruption (Amendment) Bill, 2013 pending in the Rajya Sabha.
