AMENDMENT TO ANTI-CORRUPTION ACT INTRODUCED IN RS
Wednesday, 21 August 2013 | PNS | New Delhi
Twenty months after the Supreme Court’s suggestion, the Government has finally introduced an amendment Bill to the Prevention of Corruption Act to fix three months as the time limit for taking a decision on sanction of prosecution.
The Prevention of Corruption (Amendment) Bill, 2013, introduced in the Rajya Sabha by MoS for Personnel V Narayanasamy on Monday, has provisions for extension of the time limit by one more month after consulting Attorney General or Advocate General. It also has stringent provisions for confiscation of properties belonging to convicts and enhances the scope of the definition of the word — bribe.
“In the light of a recent judgement of the Supreme Court, the question of amending Section 19 of the Act to lay down clear criteria and procedure for sanction of prosecution... It is proposed to incorporate appropriate provisions in Section 19 of the Act,” reads the Bill.
In January 2012, the SC Bench of Justices GS Singhvi and AK Ganguly had set down the guidelines regarding sanction of prosecution in corruption cases. It came on the petition by Subramanian Swamy against Prime Minister Manmohan Singh for not taking decision on the application of former Telecom Minister A Raja for more than 20 months.
In an addendum to the judgement, Justice Ganguly suggested Parliament to consider amending the provisions of Prevention of Corruption Act to enforce the guidelines of the court.
The amendment Bill also provides safeguards to retired public servants from unnecessary prosecution for any bonafide omission or commission in the discharge of their official duties during their service period.
With most of the bribe-givers going scot free, the Bill also seeks to amend Section 8 in case of “consensual bribery” by providing for a punishment of three to seven years in jail.
One of the changes proposed will empower a special judge to exercise powers of attachment of properties if the case of bribery is established after trial.
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