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Report No. 258

F. Clause 5

Analysis and comment:

5.6.1 The language of this provision is confusing, as it combines the offences of "abetment" and "attempt". Since the ingredients for these offences differ, it is recommended that this provision be split into two separate provisions, detailing each offence separately. Further, the penalty for the offence of attempt must be less than the penalty for the offence itself.

5.6.2 Suggested draft:

5. Abetment.

Whoever abets the commission of an offence under section 3 or section 4 of this Act shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

6. Attempt.

Whoever attempts to commit an offence under section 3 or section 4 of this Act shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine.



Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations - A Study and Proposed Amendments Back




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