Excelsior Correspondent
NEW DELHI, Feb 24: Describing as misconceived a news story published in a section of press that Government has dropped certain crucial amendments in the Prevention of Corruption Act, Union Minister of State (Independent Charge) of the Ministry of Development of Northeastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said here today that, on the contrary, the Modi Government is firm on preventing corruption and has not dropped any of the amendments which are proposed with the ratification of the United Nation’s Convention Against Corruption (UNCAC).
A proposal for introduction of another Bill to check criminalisation of foreign bribery is also under active consideration of the Government, he added.
Elaborating further, Dr Jitendra Singh explained that the Prevention of Corruption Act is a piece of legislation which focuses primarily on bribery of public servants within the country(domestic public sector bribery). This Act has nothing to do with bribery within the private sector or with bribery of foreign public officials.
In order to understand this, it is important to appreciate the difference in nature of Article 12 and Article 16 of the UNCAC, he said and explained, Article 12 of the UNCAC is part of Chapter II of the UNCAC which deals with preventive measures, which, inter alia, includes, measures aimed at preventing corruption involving the private sector, enhancing accounting and auditing standards in the private sector, and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures.
Dr Jitendra Singh said, several aspects are not matters within the ambit of the Prevention of Corruption Act, 1988 nor are they part of the Prevention of Corruption (Amendment) Bill, 2013, which is presently pending in the Rajya Sabha. In fact all these aspects relate to corporate law. Thus it may be seen that Article 12 of the UNCAC has nothing to do with criminalisation of acts of bribery in the Private Sector. In fact, the criminalisation of bribery in the Private Sector is covered under Article 21 of the UNCAC, which is part of Chapter III of the Convention relating to Criminalisation and Law Enforcement.
Incidentally, it may be mentioned in this context that the question of criminalisation of bribery within the Private Sector is part of the general criminal law and, accordingly, a proposal for carrying out necessary amendments in the Indian Penal Code for criminalising acts of bribery in the Private Sector is under consideration of the Government
Dr Jitendra Singh recalled that the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill lapsed with the dissolution of the 15th Lok Sabha. A proposal for introduction of a fresh Bill, for the criminalisation of foreign bribery is under active consideration of the Government.
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