NEW DELHI: The
total period of trial in corruption cases will not exceed four years
with a special judge initially required to wind up proceedings in two
years itself. Thereafter the trial can be extended, subject to six-month
extension, states the Prevention of Corruption (Amendment) Bill, 2015
currently before the Rajya Sabha.
The bill also stipulates
recording of reasons for any delay in trial beyond two years and
includes non-monetary gratification offered to a public servant under
the definition of "bribe" though it places the onus on the prosecuting
authority to prove that the gratification offered by a commercial entity
had the consent of any of its directors, managers, secretaries or
officers.
As per the version of the bill moved by UPA in 2013, if
a commercial organization was held guilty of giving a bribe, the person
acting for the organization and its head were also deemed guilty. Such
persons were required to prove the offence was committed without their
knowledge. This clause has been made subject to additional safeguards.
The
significant amendment proposed by the Modi government is the
enhancement of maximum penalty for graft from existing five years to
seven years, upgrading it to the "heinous" crime category.
The
anti-graft bill aims to provide immunity from prosecution to retired
government employees charged for acts of corruption committed by them
while in office. While it will now be mandatory to take approval of the
appropriate authority under Lokpal and Lokayuktas Act before
investigating a graft case against a public official, such approval
would not be necessary in cases that involve arrest of a person on the
spot on charge of taking a bribe, either for himself or another.
"….Prior
sanction for inquiry and investigation shall be required from the
Lokpal or Lokayukta, as the case may be, for investigation of offences
relatable to recommendations made or decision taken by a public servant
in discharge of official functions or duties," state the official
amendments in the bill.
The bill also specifies that a person
will not be said to have given a bribe if he did so after informing a
law enforcement authority or investigating agency in order to assist
such body in probing the offence against a public servant. Also, as per
another amendment, if a person does not perform a public function
dishonestly, it would not constitute the offence of taking a bribe.
The
amendments being brought through the bill propose to confer the powers
of attachment upon the trial court (Special Judge) instead of the
district court.
The NDA government has refrained from introducing
large-scale amendments to the PC Act and made only a few changes to the
Prevention of Corruption (Amendment) Bill, 2013 that was introduced in
the Rajya Sabha on August 19, 2013 by the previous UPA regime. It was
referred to a Parliamentary Standing Committee which had submitted its
report to the Upper House on February 6, 2014. But the bill could not be
passed.