Supreme Court to hear if pressing a bribe on a public official is abetting corruption

Supreme Court to hear if pressing a bribe on a public official is abetting corruption

Sub: Polity

Sec: Legislation in news

Context:-

• The Supreme Court has agreed to examine if pressing a bribe on a public official, who has explicitly refused it, will amount to the criminal offence of abetting corruption under the Prevention of Corruption Act.
• The case pertains to a person who allegedly offered a bribe of ₹2 lakh to a police officer in 2016 in connection with illegal manufacturing and hoarding of gutkha in Odisha.

Provisions for Abetment of Corruption:

• Section 12 of the Prevention of Corruption Act, 1988, addresses the punishment for abetment of offenses under the Act.
• The 2018 amendment to this section increased the imprisonment term from a minimum of six months to three years, and from a maximum of five years to seven years, with or without a fine.

Opposing Views:

• There are conflicting views on whether Section 12 can be invoked for offenses committed prior to the 2018 amendment.
• The Supreme Court is set to consider whether a person who, despite the public servant’s refusal, voluntarily offers a bribe to a public servant, should be held liable for abetment for an offense under the Prevention of Corruption Act, 1988, when the bribe amount is recovered from the officer’s desk.

Other Important Provisions of Prevention of Corruption Act

Definitions (Section 2)  

The Act has a broad definition of “public servant”, including private individuals discharging public duties.
Public servants under this Act include not just government employees but also employees of statutory bodies and those performing public functions.

Offenses:

• Offence relating to public servant being bribed (Section 7):Any public servant who accepts or attempts to obtain, for themselves or any other person, any undue advantage, for performing or refraining from performing an official act, commits an offense.
• Offense Relating to Bribing of Public Servants (Section 8):Any person who gives or promises to give an undue advantage to a public servant, with an intent to induce or reward the performance of a public duty, commits an offense.

Sanction and Procedure:

Previous Sanction Necessary for Prosecution (Section 19):
No court shall take cognizance of an offense alleged to have been committed by a public servant, except with the previous sanction of the authority competent to remove the person from their office.

Special Provisions:

Corporate Criminal Liability (Section 9):
Any commercial organization, if found guilty of giving an undue advantage to a public servant, shall be punishable.

In summary, the Supreme Court’s examination will clarify whether offering a bribe to a public official who refuses it constitutes abetting corruption under the Prevention of Corruption Act, especially concerning offenses committed before the 2018 amendment.