Forced Corruption: Unveiling Legal Defences For Those Compelled To Bribe

This article offers a nuanced exploration of the legal intricacies surrounding bribery in India, especially in light of the Prevention of Corruption Act, 1988 ('PCA'). It explores the complex dual nature of transactions involving bribes, involving both the giver and the receiver, and how Indian law has evolved, particularly post the 2018 amendment, to address these challenges. The law offers adequate legal defences under the PCA for those compelled into bribery, such as inability to prove improper performance of public duty, compulsion, coercion or duress, voluntary disclosure, absence of knowledge, and lack of intent, among others. The article concludes by acknowledging the challenges in proving compulsion and the risks of defence misuse while recognizing the PCA's role in encouraging reporting and fighting corruption.