In India, bribery is a serious offense that is punishable under the Prevention of Corruption Act, 1988. The Act was enacted to combat corruption and ensure transparency in public administration. The punishment for bribery in India varies depending on the specific provisions of the Act that have been violated, as well as the amount of bribe involved and the nature of the offense. I’ll explain the penalties for different aspects related to bribery in India:
- Giving or offering a bribe:
If a person gives or offers a bribe to a public servant, they can be charged under Section 12 of the Prevention of Corruption Act. The punishment for this offense is imprisonment for a term not less than three years, which may extend to seven years, and a fine. - Taking or accepting a bribe:
Public servants who accept or agree to accept a bribe are liable to be charged under Section 7 of the Prevention of Corruption Act. The punishment for this offense is imprisonment for a term not less than three years, which may extend to seven years, and a fine. - Abetting the offense of bribery:
Any person who aids, abets, or conspires with another person to commit the offense of bribery can be charged under Section 12-B of the Prevention of Corruption Act. The punishment for this offense is imprisonment for a term not less than three years, which may extend to seven years, and a fine. - Commercial bribery:
In cases where bribery is committed by a commercial organization, the entity can be held liable under Section 9 of the Prevention of Corruption Act. The punishment for this offense is a fine, which can be up to five times the value of the bribe, or ₹25 lakh (Indian Rupees), whichever is higher.
It’s important to note that these penalties may vary based on the specific circumstances of the case and the discretion of the court. Additionally, the Prevention of Corruption Act also allows for the confiscation of property or assets obtained through corrupt practices.
Apart from the Prevention of Corruption Act, bribery can also be punishable under other relevant sections of the Indian Penal Code (IPC) such as Section 161 (public servant taking gratification other than legal remuneration in respect of an official act), Section 165 (public servant obtaining valuable thing without consideration), and Section 420 (cheating and dishonestly inducing delivery of property). The penalties under the IPC may include imprisonment and fines, depending on the offenses committed.
It’s worth mentioning that the government of India has been taking various measures to combat corruption and strengthen anti-bribery laws. These efforts aim to ensure accountability and promote a transparent and corruption-free society.