Monday 18 February 2013

Corruption laws in India


Corruption laws in India

Public servants in India can be penalized for corruption under the Indian Penal Code, 1860 and
the Prevention of Corruption Act, 1988. The Benami Transactions (Prohibition) Act, 1988
prohibits benami transactions. The Prevention of Money Laundering Act, 2002 penalises public
servants for the offence of money laundering. India is also a signatory (not ratified) to the UN
Convention against Corruption since 2005. The Convention covers a wide range of acts of
corruption and also proposes certain preventive policies.
Key Features of the Acts related to corruption
Indian Penal Code, 1860:
• The IPC defines “public servant” as a government employee, officers in the military,
navy or air force; police, judges, officers of Court of Justice, and any local authority
established by a central or state Act.
• Section 169 pertains to a public servant unlawfully buying or bidding for property. The
public servant shall be punished with imprisonment of upto two years or with fine or
both. If the property is purchased, it shall be confiscated.
• Section 409 pertains to criminal breach of trust by a public servant. The public servant
shall be punished with life imprisonment or with imprisonment of upto 10 years and a
fine.

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