Thursday, September 24, 2015

PROPOSED AMENDMENT IN THE PREVENTION OF CORRUPTION ACT, 1988:

PROPOSED AMENDMENT IN THE PREVENTION OF CORRUPTION ACT, 1988:

Prevention of Corruption (Amendment) Act, 2009

CHAPTER III
Section 7A: Public servant taking gratification other than legal remuneration in respect of an act done within the Parliament: Whoever, being , or expecting to be a public servant accepts or obtains or agrees, to accept or attempts to obtain from any person , for himself or for any other person, any gratification whatever, other than legal remuneration for the purpose of vote given by him within the Parliament or for even asking questions inside the Parliament with any Member of Parliament or the Legislature of any State referred to in clause (c) of Section-2 , or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than 1 year but which may extend to 5 years and shall also be liable to fine.

Section 10A: Punishment for abetment by public servant of offences defined in Section 7A: Whoever, being a public servant, in respect of whom, either of the offences defined in Section 7A is committed, abets the offence, whether or not that offence is committed in consequence of that abetment shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to five years and shall also be liable to fine.

CHAPTER V
Sanction for Prosecution and other Miscellaneous Provisions
19. Previous sanction necessary for prosecution-   (1) No Court shall take cognizance of an offence punishable under Sections 7, 7A, 10, 11, 13 and 15 alleged to have been committed by a Public Servant except with the previous sanction.-
(a)               In the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government , of that Government;
(b)              In the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;
(c)               In the case of any other person, of the authority competent to remove him from his office.
(2)        Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.


(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974).-
(a)               no finding, sentence or order passed by a Special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of the absence of, or any error, omissions or irregularity in , the sanction required under sub-section (1), unless, in the opinion of that Court, a failure of Justice has in fact been occasioned thereby .
(b)              no court shall stay the proceedings under this Act on the ground of any error , omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error , omission, or irregularity has resulted in a failure of justice;
(c)               no Court shall stay the proceedings under this Act on any other ground and no Court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial , appeal or other proceedings.
(4) In determining under sub-section (3) whether the absence of , or any error, omission or irregularity in , such sanction as occasioned or resulted in a failure of justice the Court shall have regard to the fact whether the objections could and should have been raised at any earlier stage in the proceedings.
Explanation.-  For the purposes of this section.-
(a)   error includes competency of the authority to grant sanction;
(b)  a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement o