What is the essential to charge a public servant for corruption and what is the law for paying bribe?

Dated: 2020-04-01 15:33:13

What is the essential to charge a public servant for corruption and what is the law for paying bribe?

Answers by Lawyers

Dishonest intention of the public servant has to be proved in order to charge him for corruption. However, where a public servant has accumulated assets beyond the means of his known source of income, he can be prosecuted under the Act though in such a case the question of proving dishonest intention gets diluted.

 

In the wake up of series of corruption in India, the Government of India has passed many laws to prevent corruption. Some of the major laws for keeping a check on corruption are:

  • Indian Penal Code, 1860 (Sec 166, 171B, Sec 409, Sec 169)
  • Prevention of Corruption Act, 1988 (Sec 2, Sec 7, Sec 13, Sec 19)
  • Prevention of Money Laundering Act, 2002
  • Right to Information Act, 2005
  • Central Vigilance Commission Act, 2003
  • Whistleblowers Protection Act, 2011

 

Paying bribe is an offence and is punishable from imprisonment of not less than six months which may extend to five years along with fine. However the complainant is given protection from being prosecuted. Most of the ministries and departments have Central Vigilance Officers to look after the complaints.

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