p.c.act ppt_amended

7/31/2019 P.C.Act ppt_amended

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Anti Corruption Law and itsimplementation in India

Presented by:R. Nagendra Naik,Advocate,Bangalore

Email::[email protected]


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Corruption

Corruption is spiritual or moral impurityor deviation from an ideal. In economy,

corruption is payment for services or

material which the recipient is not due,

under law. This may be called bribery,

kickback. In government it is when anelected representative or Public servant

makes decisions that are influenced by

vested interest for personal gain.


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Corruption during ancient time

Mir Sadiq held the post of a minister in

the cabinet of Tipu Sultan of Mysore in India. Inthe Fourth Anglo-Mysore War, he is alleged to havebetrayed the sultan by siding with the British. Heallegedly pulled the Mysorean army from the

battlefield for collecting wages in the midst of thebattle. This allowed the British forces to storm theboundary wall with little defence, paving the wayfor a British victory.


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Corruption in the ancient world is first evidenced by an

archive listing the names of "employees accepting bribes"found in an administrative centre of the ancient Assyrianempire 3400 years ago.

other instances


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Conclusion : Corruption Co exists with the administration

from ancient time.


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Graph showing Corruption in different

countries of the world.

Source : Transparency International


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Section 161 to 165 of IPC deals with various offences ofcorruption and this is the first step to fight againstcorruption committed by the public servants.

Section 161 of IPC deals with a public servant who acceptsor obtains or agrees to accept from any person for himselfor for any other person any gratification other than thelegal remuneration.

Section 162 of IPC deals with a person who accepts orobtains or agrees to accept or attempts to obtain forhimself or for any other person any gratification by corruptor illegal means to influence a public servant.

IPC Sections to prevent corruptionit shows corruption exists even in 18th

Century


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(ACT NO. II OF 1947).[11th March, 1947]

An Act for the more effective prevention of bribery andcorruption.

WHEREAS it is expedient to make more effective provision for

the prevention of bribery and corruption;

It is hereby enacted as follows:-

Short title and extent1. (1) This Act may be called the Prevention of Corruption Act,

1947.

(2) It extends to the whole of Bangladesh and applies to all

citizens of Bangladesh and persons in the service of 2[ the

Republic] wherever they may be.

THE PREVENTION OF CORRUPTION ACT, 1947

It shows corruption is not disease orginated in

post indefendence era


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Abetment of corruption was not an offence till 1952 .

Hence, in 1952, by way of Criminal Law Amendment,165-A was inserted to make abettor of sec.161 or 165of IPC as offenders.

Abetment is made offence for the firsttime


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Prevention of Corruption Act, 1988Criminal Law Amendment Ordinance 1944

Prevention of Money Laundering Act 2002


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Delhi Police Special Establishment (CBI)

Central Vigilance Commission (CVC) Chief Vigilance Officers (CVO s) in various ministries

and organizations Lokayuktha

Anti Corruption Brach Civil service conduct rules

Agencies Working under several Actto prevent corruption


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The Central Bureau of Investigation traces its origin to theSpecial Police Establishment (SPE) which was set up in1941 by the Government of India. The functions of theSPE then were to investigate cases of bribery andcorruption in transactions with the War & Supply Deptt.Of India during World War II. Even after the end of theWar, the need for a Central Government agency toinvestigate cases of bribery and corruption by CentralGovernment employees was felt. The Delhi Special Police

Establishment Act was therefore brought into force in1946. The CBI's power to investigate cases is derived fromthis Act.

Why CBI is established under DSPE Act?


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Who are all the persons covered under the Act?

a) Public Servants

Civil Service, Ministers, Societies receiving aid

from State or Central Governments, anybody

discharging Public duty using state fund.


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1) Public Duty: It means a duty that is dine for thebenefit of the State, the public or the community at

a large. It this context, State would mean:

a) A corporation established by or under a Central,Provincial or State Act.

b) An authority or a body owned controlled or aided

by the Government company as defined in Sec. 617of the Companies Act,1956.


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The PCA of 1988 provides a wider definition in the Act itselfunder clause (c) of sec. 2. the following are the salient

aspects of the new definition:

a) Under cl (c) of Sec.2 of the PC, the emphasis is on public

duty and not on the Authority remunerating.

b) The definition is enlarged so as to include the office-

bearers of the registered co-operative societies receiving any

financial aid from the Government, or from a Government

corporation or company, the employees of universities, publicservice commissions and banks etc.


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Anti-Corruption can be basically divided into

three categories.1.bribery and its abettors.

2.Abuse of official position

3.Possession of disproportionate assets


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Ex: trap while accepting bribe.

punishment: 6 months to 7 years ofimprisonment and fine


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2G Common wealth Coal Scam

What is abuse of power and administrativedecesion.


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.

Lokpal is not an answer to all the problem.

Even if you establish Lokpal it will not workbetter than CVC as the person managing willbe the same.

Creating a super power is always dangerous

to democracy.

Anna Hajare and his team, how the demand is

not justified?


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Set up in 1964 as the apex organizationfor maintaining probity in public life

It is a Superviosory body of CBI underCVC Act in the matter of corruption


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Each ministry/organization has a CVO,appointed after clearance from the CVC

Monitors and takes action onirregularities in the organization, andreports them to the CVC

All cases of suspected corruption referred

to him


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In terms of the Central Vigilance Commission Act2003, the Commission has been made a

multimember body, consisting of the Central

Vigilance Commissioner (CVC) and two Vigilance

Commissioners (VCs) as its members. Theappointment of the CVC as well as that of the VCs

has been made by the President on the

recommendations of a Committee consisting of (a)

the Prime Minister, (b) the Minister of Home Affairs

and (c) the Leader of the Opposition in the Lok

Sabha.


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Abuse means misuse i.e. using his positionfor something for which it is not intended.

The abuse of official position is wider thanthe offence of bribery.

The abuse may be by corrupt or illegal means To obtain pecuniary advantage or any

valuable thing for himself or for any other

person .


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Large numbers of public servants indulge incorrupt activities on regular basis and sometimes it would be difficult to catch them whileaccepting the bribe by laying a trap and theill-gotten money so colleted by them areconverted into assets. Hence, to detect suchofficer, disproportionate asset was made asan offence in PC Act.


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No court shall take cognizance of an offenceunder sections

Sanction not required for the offences under

sec .


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Sections 451 to 459 of the code of Criminal

Procedure Act, 1973 deal with the powers of

courts in the matter of disposal of property. When

an inquiry or trial in any Criminal Court is

concluded, the Court may make such order as itthinks fir for the disposal, by destruction,

confiscation or delivery to any person claiming to

be entitled to possession thereof or otherwise, of

any property or document produced before it or inits custody, or regarding which any offence

appears to have been committed, or which has

been used for the commission of any offence


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Change election campaigning system.

Political funding

Voters mentality.


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Eradication of Corruption

Three thing which cannot be eradicatedcompletely from the society is

a) Corruption

b) Prostitution

c) Prohibition

Because all the three is resulthuman greed or desire

Chanakya

you can win over a greedy by offer ofmoney, a proud person by coweringbefore him, a fool by agreeing with him

and a scholar by speaking truth.


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Fighting corruption is an implementation of at least three core

values:

a) ethical business practices,

b) social responsibility in business and

c) values-based leadership.

Fighting corruption


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THE END

p.c.act ppt_amended

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