Reference Text
Time Left10:00
The
amendments
to
the
Prevention
of
Corruption
Act,
1988,
adopted
recently
by
both
Houses
of
Parliament,
are
a
mixed
bag.
Moves
to
make
changes
in
this
law,
aimed
at
combating
corruption
in
government,
were
initiated
during
the
UPA's
second
term
in
office
and
largely
centred
on
the
misuse
of
one
provision
Section
13
(1)d.
Former
Prime
Minister
Manmohan
Singh
had
criticised
this
section,
under
which
public
servants
are
culpable
for
securing
a
pecuniary
advantage
for
another
without
any
public
interest,
for
ignoring
a
foundational
principle
of
criminal
law:
mens
rea.
This
resulted
in
many
honest
officials
being
prosecuted
even
when
they
gained
nothing
and
merely
exercised
their
power
or
discretion
in
favour
of
someone.
Insofar
as
it
had
a
chilling
effect
on
governance
and
deterred
bold
decision
making,
the
amended
form
may
have
a
liberating
effect
on
honest
officials.
Besides,
it
is
more
concise
and
restricts
criminal
misconduct
to
two
offences:
misappropriating
or
converting
to
one's
own
use
property
entrusted
to
a
public
servant
or
is
in
his
control,
and
amassing
unexplained
wealth.
There
was
concern
initially
with
the
wording,
intentionally
enriches
himself
illicitly
during
the
period
of
his
office,
as
it
raised
a
doubt
whether
the
'intention'
to
amass
wealth
would
also
have
to
be
proved.
Now
an
explanation
has
been
added
that
a
person
shall
be
presumed
to
have
intentionally
enriched
himself
if
he
cannot
account
for
his
assets
through
known
sources
of
income.
By
making
citizens
liable
for
offering
a
bribe
to
a
public
servant,
the
anti
corruption
law
has
been
brought
in
line
with
the
UN
Convention
Against
Corruption.
The
only
exception
to
this
rule
is
when
one
is
forced
to
give
a
bribe.
This
exception
kicks
in
only
when
the
fact
that
one
was
forced
to
pay
a
bribe
is
reported
to
a
law
enforcement
authority
within
seven
days.
The
penal
provision
can
empower
people
by
allowing
them
to
cite
it
to
refuse
to
pay
a
bribe.
At
the
same
time,
what
happens
when
the
police
or
any
other
agency
refuses
to
register
a
complaint?
People
may
be
left
in
the
lurch
with
no
redress.
Further,
it
may
render
them
vulnerable
to
threats
from
unscrupulous
public
servants
who
collect
money
to
speed
up
public
services
but
do
not
deliver.
The
most
unacceptable
change
is
the
introduction
of
a
prior
approval
norm
to
start
an
investigation.
When
a
prior
sanction
requirement
exists
in
law
for
prosecution,
it
is
incomprehensible
that
the
legislature
should
create
another
layer
of
protection
in
the
initial
stage
of
a
probe.
Public
servants
need
to
be
protected
against
unfair
prosecution,
but
a
genuine
drive
against
corruption
needs
a
package
of
legislative
measures.
These
should
contain
penal
provisions,
create
an
ombudsman
in
the