Question

What are the key provisions of Prevention of Corruption (Amendment) Act, 2018? Critically analyze whether Prevention of Corruption (Amendment) Act, 2018 will help to achieve the goal of corruption free India?

Answer 1

Prevention of Corruption (Amendment) Act, 2018 was enacted to to enhance transparency and accountability of the government and make anti-graft provisions under the law stringent.

Key provisions of Prevention of Corruption (Amendment) Act, 2018:

1. Bribe-giving as an offence : Through this act, Bribe-giving was made offence with punishment of 7 year except when people are forced to give bribe. It will empower people to refuse to give bribes. So, It is the right step in curbing corruption and making India Corruption free.
2. Pre Investigation Approval : Police officer cannot begin probe without prior approval of relevant authority or government
3. Sanction for prosecution : Sanction needed for prosecuting former officials for offences done while in office.
4. Criminal Misconduct : Only two forms of criminal misconduct was included i.e. misappropriation of property entrusted to public servant and intentionally enriching oneself illicitly.
5. Confiscation of property : Under this act, there is provision for attach and confiscate the property.

Prevention of Corruption (Amendment) Act, 2018 as a tool to make India Corruption free:

1. After making Bribe-giving as an offence, It will empower people to refuse to give bribes. So, It is the right step in curbing corruption and making India Corruption free.
2. Under this act, only two forms of criminal misconduct was included. In Earlier Act i.e Prevention of Corruption Act (PCA), 1988 there were five forms of criminal misconduct. This is done to protect the public officials from being wrongly prosecuted for officials duty.