Diese Präsentation wurde erfolgreich gemeldet.
Die SlideShare-Präsentation wird heruntergeladen. ×

Anti corruption laws in india-ppt as on 25.02.2018

Anzeige
Anzeige
Anzeige
Anzeige
Anzeige
Anzeige
Anzeige
Anzeige
Anzeige
Anzeige
Anzeige
Anzeige
Wird geladen in …3
×

Hier ansehen

1 von 8 Anzeige

Anti corruption laws in india-ppt as on 25.02.2018

Herunterladen, um offline zu lesen

This PPt is an attempt to highlight the anti-corruption laws in India and also to suggest some remedial measures to prevent corruption ,

This PPt is an attempt to highlight the anti-corruption laws in India and also to suggest some remedial measures to prevent corruption ,

Anzeige
Anzeige

Weitere Verwandte Inhalte

Diashows für Sie (20)

Ähnlich wie Anti corruption laws in india-ppt as on 25.02.2018 (20)

Anzeige

Aktuellste (20)

Anti corruption laws in india-ppt as on 25.02.2018

  1. 1. Corruption in India, Existing Laws in India to Tackle Corruption Presented By: Sourav Banerjee LLM Student, Roll No: 1785012 (Batch of 2017-18) School of law, KIIT Deemed To Be University, Bhubaneswar, Odisha.
  2. 2. What is Corruption? A dishonest or illegal behavior especially by powerful people’ or ‘the abuse of entrusted power for private gain’. It is a wrongdoing that diverts funds which are meant for public welfare and consumption to the hands of private consumption thereby creating a wider gap between the rich and the poor of the society and generate social inequality. Major Corruption Scams in India: 2G Spectrum Scam of INR 1.76 lakh crore Bofors Scam of INR 4,000crore Commonwealth Games scam of INR 70,000 crore Fodder Scam of INR 950 crore Telgi Scam of INR 20,000 crore The Hawala Scandal of US$18 million Satyam Scam of INR 14,000 crore, Indian Premium League Scam. Harshad Mehta and Ketan Parekh Stock Market Scam of INR 4,000 crore and much recently the diamond merchant, Nirav Modi scam with Punjab National Bank, where fake Letters of Undertaking had been issued to borrow loans causing a scam of net worth 11,500 crore.
  3. 3. Laws and Enforcement Bodies for Anti-Corruption:  The Indian Penal Code (IPC): - Section 405 of IPC: Criminal Breach of Trust. - Section 409 of IPC: Criminal breach of trust by public servant, or by banker, merchant or agent. - Section 161 to 165 of IPC: Repealed and replaced by Sections 7 to 11 POCA. The Prevention of Corruption Act, 1988 (POCA): - Section 7: Public Servant taking gratification other than legal remuneration in respect of an official act. (Replaced Section 161 of IPC) - Section 8: Taking gratification, in order, by corrupt or illegal means, to influence public servant.(Replaced Section 162 of IPC) - Section 9: Taking gratification, for exercise of personal influence with public servant.(Replaced Section 163 of IPC) - Section 10: Punishment for abetmment by Public Servant of offenses defined u/s 8 and 9 of POCA. (Replaced Section 164 of IPC) - Section 11: Public servant accepting valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant.(Replaced Section 165 of IPC) - Section 20: Presumption where Public Servant accepts gratification other than legal remuneration
  4. 4. Other Bills & Statutes: - All India Services Act, 1951 - (For Civil Servants) - All India Services (Conduct) Rules, 1968 - (For Civil Servants) - Central Civil Services (Conduct) Rules, 1964 - (For Government Servants) - The Disclosures of Lobbying Activities Bill, 2013 - The Competition Act, 2002 - The Companies Act, 2013 Regulatory Bodies fr Anti-Corruption in India:  Central Vigilance Committee - formed on recommendation of the Santharam Committee in February, 1964 purpose of preventing corruption and acting as an adviser to the central government on the issue of vigilance. Statute recognition came in 1999 resulting a PIL for majoor corruption issues Vineet Narain & Ors. v. Union of India (1998) 1 SCC 226.  Comptroller and Auditor General of India - A constitutional body constituted under Article 148 of the Constitution of India, 1950, and enacted under Article 149 of the Constitution, the Comptroller Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971. Sections 10 &18 mandates the maintance and audit of state and central accounts, respectively.
  5. 5. Landmark Judicial Decisions of Corruption in India: - Central Bureau of Investigation, Bank Securities v. Ramesh Gelli & Ors. 2013: SC observed that chaiman and Director of any private bank shall be considered as public servant. - P.V. Narasimha Rao v. State (1998), 4 SCC 626: The definition of public duty and public servant was elaborately discussed. - Bhupinder Singh Sikka v. CBI [Criminal Appeal No. 124 of 2001, Delhi High Court, March 25 2011]: An employee of an insurance company, which has been constituted under any statute made by the Parliament of India, shall also be termed as a public servant and no evidence shall be needed to establish the same. - Parkash Singh Badal v. State of Punjab (2007) 1 SCC 1. [u/s. 7 of POCA]: Any public servant is prohibited not to receive any gratification, pecuniary or otherwise save and except his legal remuneration remitted as his salary by the government. - P. Satyanarayana Murthy v. The District Inspector of Police (2015), 10 SCC 152.: A defense of any valuable item for which a person maybe corresponding with the public servant and for such expensive item, gratification by such person has been voluntarily paid to the public servant cannot be acceptable without establishing that demand from the public servant for gratification exists. contd...
  6. 6. - Andhra Pradesh v. Venkateswarulu, (2015) 7 SCC 283: In cases of bribery, the prosecution shall be liable to prove the burden of proof beyond all reasonable doubt that bribe was asked by a public servant and remitted voluntarily by the bribe giver. - State of Himachal Pradesh v. Karanvir, 2006: SC prosecuted u/s 405 & 409 of IPC for isappropriation of funds by a postmaster. - M. Narsinga Rao v. State of Andhra Pradesh (2001) I SCC 691: Prosecution u/s 7 & 20 of POCA for illegal gratification by public servant. - R.N. Tata v Union of India (2014) 1 SCC 93: Nira Radia Lobbying Controversy. Prevention of Corruption Amendment Bill, 2013 (Amendments undertook from 2011 to 2016): Private person offering a bribe to government servant also brought under the purview of POCA. Stipulating time frames for anti-corruption cases sent for trial. Attachment of tainted property acquires through unfair means. The mere act of offering bribe also considered for prosecution u/s 7 of POCA.
  7. 7. Law Commission Recommendation Report No. 258 of 2015  The Bill recommended replacement of Sections 7, 8 and 9 of POCA by including new provisions in respect thereof but the LCI recommended to further amend such proposed new provisions in lieu of the said replaced sections under POCA.  Amendment Bill suggested the inclusion of ‘undue financial or other advantage’, which the LCI recommended to replace by the term ‘undue advantage’.  LCI also observed this view that ‘sexual gratification’ cannot be brought under the purview of other advantage and there should be a distinct illustration on what are the circumstances which shall amount to ‘other advantage’. The amendment bill proposed u/s 7 of the Act to include any financial or other advantage that may be acquired by any public servant in course of executing any ‘relevant public function’ under the power of his office. This was however declared to be redundant provision by the LCI as it expressed the view that, all actions taken by any public servant shall be deemed to be taken under the scope of public function therefore, nothing can be categorized separately as ‘relevant public function’.
  8. 8. Conclusion & Suggestions: - Education and promoting literacy is the most important factor. Kerala has been found in a survey to be the least corrupt state because of its high literacy rate. - The selection of public representatives like MPs’ and MLAs’ need to get more stricter and minimum qualification benchmark for graduation, under any discipline should be brought. - E-Governance should expand in much higher scale as that brings the government and the citizens on an one-to-one basis correspondence, eliminating any intermediary. - The amendment bill of POCA & The Disclosures of Lobbying Activities Bill, 2013 needs to get enacted.

×