What are the Anti-corruption Law in India

Anti-corruption Law in India

Today, corruption is one of the most serious threats to humanity. It has devastating effects on the economy and the environment. Also it relate to the problem of democracy and growing inequality. To fight with this complex situation, it requires a number of simultaneous approaches. Including education programs that empower future generations to resist and prevent corruption.

Anti-Corruption and Building Integrity are two sides of the same coin. Although the terms “Anti-Corruption” is often misconceive. “Building Integrity ” suggest an important aspect of what it is, and it’s effect in the same process. Integrity, according to CIDS, is the quality of guiding by strong principles, or fully functional. Measures to build integrity, are designed to improve this quality. Anti-corruption measures, as mention earlier, include both positive and negative enforcement procedures, in other words, prevention and remedial measures.

“Anti-Corruption Laws means all the laws, rules, and regulations of any place that applies to the Borrower or its Subsidiaries. From time to time in connection with bribery or corruption.” 

Evolution of Anti-corruption Law in India

Also read:- what is administrative law in India

Companies in India, start to take a quick and practical approach to deal with corruption, within and outside their organizations. Bribery and corruption have become major issues for companies. Therefore, this has make a change especially in line with anti-corruption and anti-bribery laws of other countries. Especially the United States and the United Kingdom, which give extra-authorities powers outside the region.

Changes in domestic laws have also created the need for change. Recently, the Prevention of Corruption Act, 1988, has been amended. Now, it provides for corporate entities to have compliance procedures. This is to prevent their employees from engaging in any activity that may be classified as corruption or bribery.

Indian companies, which are subordinate to international corporations, must comply with the strict anti-bribery laws of the US and UK as well as the applicable laws of the area in which the parent company is located. The companies under them are require to adhere strictly to the anti-corruption policies and frameworks set by their international partners.

In addition, recent trends show that companies have begun actively holding workshops and training sessions. This is to raise awareness of their employees and employees’ rights, obligations and responsibilities. All comes under anti-corruption laws, bribery and ethical policies, particularly regarding business dealings with third parties. Some organizations have established mechanisms to protect informants with their own internal policies and procedures, to encourage the reporting of corrupt practices or bribery of colleagues in the organization.

Prevention of Corruption Act (Anti-corruption Law)

The Anti-Corruption Act is the main law in India which provides for penalties for corruption of public servants and those involved in preventing the act of corruption. The term ‘public servant’ is broadly define in the Prevention of Corruption Act to mean “any person who works for the government or is paid by the State for performing public service”.

Till 2018, the Prevention of Corruption Act, consider to execute bribery by public servants, thus excluding bribes from private organizations.

With economic growth and foreign investment in India, there was an urgent need to bring India’s anti-corruption legal framework in line, with current international standards, and thereby proposal given to amend Anti-Corruption Act.

The prevention corruption act, amend in 2018 in the form of the Anti-Corruption (Amendment) Act of 2018. This explicitly require it to include, within its framework, commercial entities (including companies) and their employees who are involve in debt repayment to public servants to:-
(a) acquire or maintain the business of that trade organization; or
(b) earn or retain profit in carrying on the business of a commercial entity.

In such cases, a employee of that trade who is involve in paying a bribe to a commercial organization, will be prosecute under the Prevention of Corruption Act. To prevent such conduct of act, persons associate with it. However, the person / employee of that trade corporation may still be arrest if the case is proved.

Anti-corruption measures

In many cases, anti-corruption measures are part of a broader, better governance policy and include a wide range of actors. Considering that the steps to build integrity are to focus on ethical issues. The actors involve in the from of military or citizen to government, regional, and international organizations. Individuals, such as citizens, soldiers, whistleblowers, leaders, inspectors, ombudsman, etc.. They all are responsible for following the codes of conduct and acting in accordance with ethical standards. Institutions, such as Parliament, government institutions and ministers, the audit and administrative institutions, etc. They all are responsible for expanding, implementing and overseeing the implementation of policies, programs, programs, laws and regulations. National bodies, such as Government, the Armed Forces, the Private Sector are involve in procurement and other processes. Finally, international organizations, such as intero-government and international organizations, can provide better guidance and direction.