Report No. 254
Analysis of Sections 9 and 10 of the 2013 Bill
4.1. Section 8 of the 2013 Bill criminalises the commercial organisation's act of bribing a public servant; the proviso to section 8 of the 2013 Bill clarifies that "when the offence under this section has been committed by a commercial organisation, such commercial organisations shall be punishable with fine."
Section 9 on the other hand, holds a commercial organisation liable for failure to prevent persons associated with it from bribing a public servant to obtain/retain business or an advantage in the conduct of business for such commercial organisation. Section 10 follows from section 9 (and not section 8) and states that in cases where the "commercial organisation has been guilty of an offence under section 9", every person in charge of and responsible to it shall be deemed guilty, unless he/she can prove that the offence was committed without their knowledge or that they had exercised all due diligence.