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Report No. 258

S. Clause 18

Analysis and comment:

5.19.1 This provision will apply only if the conduct constituting the offence takes place wholly or partly in India, and in this regard, its presence is guided by the necessity of clause 3 of the 2015 Bill. If clause 3 is deleted (see clause 3), this provision may also be deleted. In any event in light of the recommendation of the Commission to delete the definition of the term "contracting State" from clause 2(1)(c) (see clause 2), the term "contracting State" should be replaced with "concerned State", which will be interpreted appropriately as required by the circumstances. The provision will also be renumbered, in accordance with the revised draft.

5.19.2 Suggested draft:

If retained the suggested draft would be as follows:

20. Proceedings under this Act to be taken in consultation with concerned State against foreign public official to whom privileges and immunities under any law or Convention or treaty apply.

In case any foreign public official or official of public international organisation is alleged to have committed an offence under this Act to whom certain privileges and immunities applies under the United Nations (Privileges and Immunities) Act, 1947 or the International Finance Corporation (Status, Immunities and Privileges) Act, 1958, or the International Development Association (Status, Immunities and Privileges) Act, 1960, or the Diplomatic Relations (Vienna Convention) Act, 1972, or under any other law for the time being in force or under any Convention or treaty, the Central Government shall, in consultation with the concerned State or public international organisation, as the case may be, take adequate measures for proceeding under this Act against such public official.

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

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