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Prevention of Corruption Act 1988 (Now (Concerns: (Faster trial and…
Prevention of Corruption Act 1988
Earlier
1.No specific provision, except for abetment
Pre-Investigation approval: no such provision
3.Sanction for prosecution: needed for serving officers only
Forfeiture of Property: Not done under PCA, but through a court ordinance
Now
1."Collusive bribe givers" will be punished for 7 year term
-Coerced bribe givers, have to report within 7 days
-This is in lone with UN convention against corruption
Concern: 7 day limit not enough! Will Police accept the complaint?
Police officer cant begin probe without prior approval of relevant authority or govt
Concern: protection now extended to all civil servants
3.Now needed for former officials for offences done while in office
-Decision on sanction within 3 months,extended by a month
-Center to notify guidelines for sanction
Concern:Guidelines and time limit makes sanctiion process easier
Section for special court to attach and confiscate
Concerns:
Faster trial and additional ones not needed
Crux of problem
Honest officers prosecuted, when they gain nothing and exercise favor of someone
Section 13(1)d of PCA 1988, Public servants are culpable for securing pecuniary advantage for another "without any public interest"
Same section has chilling effect on governance, and officials hesitate to take bold decisions
Restriction of criminal misconduct to:
-Misappropriation(using public proper for personal use)
-amassing unexplained wealth
Presumption of person intentionally enriching himself, if he cant account for his assets through known sources
Critical appraisal
Coercive situation bribe givers
-when police dont accept complaint, people left in lurch with no redress
Prosecution now covered by package of legislative measures
==>Laws should be made more operational and materialized