With changing times, anti-corruption authorities are becoming more and more powerful throughout the world. This is also true for India/ Chandigarh. Punjab and Haryana High Court is flooded with cases under Prevention of Corruption Act, 1988. Corporations, institutions and are being involved in bribry and corruption cases by anti-corruption government authorities. Many a times these cases are false and are filed for politcal vendatta and other unlawful considerations. There are also cases where individuals and companies have been defrauded and that they want to initiate criminal proceedings against the accused. Internal corporate investigations of the business activities of international corporate houses help them determine whether any anti-corruption or similar laws have been violated or not. If any laws have been violated, remedial action is required.
A number of areas of risk ned to be managed to protect from potential exposureespecially in cases of large-scale bribery and corruption investigations. Individuals, corporates and institutions need expert advice of a lawyer with experience and skills in industry sectors where bribery and corruption cases are more prevalent. With an expert’s help, you can resist and contest government allegations where appropriate. Counseling in relation to compliance issues helps prevention of criminal prosecution and any future incidence of corruption. In case criminal action by government, the relevant statute is Prevention of Corruption Act, 1988. Its important provisions are –
- Section 7. Public servant taking gratification other than legal remuneration in respect of an official act.
- Section 8. Taking gratification, in order, by corrupt or illegal means, to influence public servant.
- Section 9. Taking gratification, for exercise of personal influence with public servant.
- Section 10. Punishment for abetment by public servant of offences defined in section 8 or 9.
- Section 11. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant.
- Section 13. Criminal misconduct by a public servant.
- Section 19. Previous sanction necessary for prosecution. – Read along with section 197 of Criminal Procedure Code
- Section 20. Presumption where public servant accepts gratification other than legal remuneration.