Prevention of Corruption (Amendment) Act 2018

Launch

  • The Prevention of Corruption Act of 1988 went into effect on September 9, 1988.

Aim

  • Its goal was to make anti-corruption legislation more effective by broadening its scope and tightening the provisions to improve the whole statute’s effectiveness.

Major Provisions of Prevention of Corruption (Amendment ) Act 2018

  • The Amendment Act has defined ‘undue advantage’ to mean any reward other than legal remuneration that a public official is entitled to obtain.
  • Previously, the PCA did not contain a specific provision for a person who gives or promises to grant an excessive advantage.
  • The Amendment Act, on the other hand, makes offering an unfair advantage to a public official a specified penal crime.
  • It states that if a commercial organization violates any of PCA’s specified offenses to obtain or retain business or obtain or retain an advantage in the conduct of its business, the commercial organization will be punished.
  • For prosecution of serving public officials, the PCA needed prior approval from the appropriate authority.
  • Enhances punishment from the minimum 6 months to 3 years and from the maximum five years to seven years.
  • Extends the protection of prior sanction for prosecution to public servants who cease to hold office due to retirement and resignation.
  • Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption. 
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