Prevention of Corruption (Amendment) Act 2018 - WHATs NEW.

BACKGROUND -

There is already a bill 'Prevention of Corruption Act, 1988.' 
Now, some amendments has been done in the 'Prevention of Corruption Act, 1988.' 

Earlier, Amendment Bill Introduced in Rajya Sabha in 2013.

Bill already Passed in Rajya Sabha ( As Initiated by Rajya Sabha) and Now get passed  in Lok Sabha as well. Now, waiting for President assent to make it as an ACT.

WHAT ALL CHANGES DONE -

Bribery

'Giving a BRIBE' is now an offence, Punishable by a 7-year prison. 
Except , when one is forced to give a bribe. However, it should be reported with in 7 days. : It could empower the public to refuse to give a bribe.

Bribe is termed as 'undue advantage', defined as gratification (pleasure, especially when gained from the satisfaction of a desire) other than legal remuneration(only money considered bribe)'.


Pre-Investigation Approval 

Now, a police officer need a prior approval of relevant authority or government to begin investigation. However, same is not applicable when caught red-handed.

This point gets major criticism across media, because generally a corruption done in group (i.e Higher level also involved - now if Police need approval from higher level itself, it's genuine he did not give approval).

Earlier, No Such provision in the act but a rule similar to it was Struck down by Supreme court. and Looks this particular amendment is to again bring those changes.  

Sanction for Prosecution 

Sanction needed for prosecution former officials for offence done while in office.

Earlier - Sanction was required under PCA (Prevention of Corruption act) for serving officials.

Forfeiture of Property

This section was introduced for the Special Court to attach and confiscate property.

Criminal Misconduct

Under the amendment to the act, criminal misconduct will now include only two offence:
  • misappropriating of property entrusted to the banker.
  • amassing assets disproportionate to known sources of income.
Earlier, criminal misconduct used to cover offences including taking bribe habitually, getting anything free or at a concession, obtaining pecuniary advantage for oneself or for another without public interest.

Trial Time limit: The bill set trail time period within two if it is handled by special judge. In case of delays, reasons for it must be recorded for ...

........ currentaffairs.gktoday.in/parliament-passes-prevention-corruption-amendment-bill-2018-07201857489.html © GKToday
Trial Time Limit

The bill set trail time period within two if it's handed by special judge. In case of delays, reasons for it must be recorded for every extension of six months obtained. However, total period of trail may not exceed four years.

 
Trial Time limit: The bill set trail time period within two if it is handled by special judge. In case of delays, reasons for it must be recorded for ...

........ currentaffairs.gktoday.in/parliament-passes-prevention-corruption-amendment-bill-2018-07201857489.html © GKToday
For more info you can access below links:

https://www.indiatoday.in/education-today/gk-current-affairs/story/prevention-of-corruption-act-anti-corruption-bill-diluted-bribery-investigation-1297993-2018-07-27

Above Information is as per my understanding and  as per data available in news till the date when I am posting this.

 


Comments

Popular posts from this blog

CHINA , US - HACKING ISSUE - CAN WE TRUST BLOOMBERG'S REPORT ?

BCCI UNDER RTI - IS IT THE RIGHT THING TO DO?

WHAT IS PROJECT DRAGON FLY ? WHY GOOGLE WANT TO START DRAGONFLY PROJECT IN CHINA ?