Prohibition for giving and taking bribes
Online Link to Act/Rule/Legislation
Initial Setup or Ongoing Maintenance
Ongoing compliance requirement
Filing and Maintenance Requirements
• The acceptance or giving of gifts, hospitality and entertainment between a person and his business associates or potential business associates should be approached with care. In India, the Prevention of Corruption Act, prohibits public servants from taking gratification other than legal remuneration in respect of any official act and acceptance of such gratification is punishable there under.
• Under the provisions of the Prevention of Corruption Act, whenever, a Government official, or a person expecting to be a Government official obtains/ agrees to obtain any ‘gratification’, other than ‘legal remuneration’ in lieu of discharging his official functions, or in order to restrain such official from discharging his official functions, that official is punishable with imprisonment which shall be not less than 6 (six) months but extending up to 5 (five) years and shall also be liable to pay a fine.
Further, the Prevention of Corruption Act also provides for punishment for abatement of offences described.
Application Guidelines / Responsible Persons / Comments
• Anti corruption laws in India are still in a nascent stage and not as well equipped as the FCPA or the UK Bribery Act.
• Thus, no specific legislation deals with ‘bribery’ to private persons (other than public servants), private individual/organisations per se. However, the IPC provides for penalty for criminal conspiracy, fraud, cheating, etc. Further, contravention under specific Acts are also penalised thereunder. Furthermore, as discussed, no specific penalty has been prescribed under any law for offering ‘bribe’ to an official under the IPC. Although, under the Prevention of Corruption Act, a public official is penalised for taking any gratification and also a person who abets a public servant in accepting any gratification.