The Prevention of Corruption Act (the "PCA") is the
primary Indian law that addresses corruption in government agencies
and public sector businesses in India. Earlier this year, the PCA
was significantly amended by the Indian parliament (the
"Amended Act"). The key amendments are summarized
below.
Criminalizing Bribe-Giving
Previously, only bribe-takers were directly dealt with under the
PCA. Bribe-givers could only be "indirectly" prosecuted
through the PCA's abetment provisions.
It is now an offence, under the Amended Act, to give or offer an
"undue advantage" to another person, with the intention
to "induce" or "reward" a public servant to
improperly perform a public duty. Under the Amended Act, a mere
promise, coupled with the requisite intention, is sufficient to
constitute an offence of bribe-giving. The bribetaker need not
accept the "undue advantage" offered.
