Prevention of Corruption Act
Posted On: 25 JUL 2018 3:18PM by PIB Delhi
The provision of section 13(1)(d)(iii) of the Prevention of Corruption Act, 1988 as it presently exists is as follows:
“13. Criminal misconduct by a public servant.
(1) A public servant is said to commit the offence of criminal misconduct,-
…….
if he,----
……..
(iii) while holding office as a public servant, obtains for
any person any valuable thing or pecuniary advantage without any public
interest;…….”
The
aforesaid provision does not carry the element of mens rea and thus
does not confine such type of corruption to bribing of a public servant
or any dishonest behavior by him. This raises apprehensions and fears
in the mind of public servant which prima facie have the potential of
impeding and slowing down decision making.
The
Prevention of Corruption (Amendment) Bill, 2013, for amending the
Prevention of Corruption Act, 1988, was introduced in the Rajya Sabha on
19.08.2013. The Bill after having been considered by the Department
related Parliamentary Standing Committee on Personnel, Public
Grievances, Law and Justice, in its 69th Report and the Law Commission of India in its 254th Report, was also examined by the Select Committee of Rajya Sabha, which submitted its report on the Bill to the Rajya Sabha on 12th August, 2016.
Recommendations
made by the Select Committee in its report on the Bill were considered
by the Government and official amendments were moved on the Bill as
reported by the Select Committee of the Rajya Sabha.
The Bill was taken up for discussion and passed by the Rajya Sabha on 19th July, 2018 during its current 246th Session. Further, it was taken up for discussion and passed by the Lok Sabha on 24th July,2018 during its current 15th Session of the 16th Lok Sabha.
This information was provided by the Union Minister of State
(Independent Charge) Development of North-Eastern Region (DoNER), MoS
PMO, Personnel, Public Grievances & Pensions, Atomic Energy and
Space, Dr Jitendra Singh in written reply to a question in Lok Sabha
today.
EmoticonEmoticon