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Report No. 254

Chapter V

Analysis of Section 11 of the 2013 Bill

5.1.1. Section 11 of the 1988 PC Act has been omitted because it dealt with a public servant accepting a valuable thing, without consideration (or for inadequate consideration), from a person concerned in proceeding or business transacted by such public servant - this was considered to have been included in the new, comprehensive definition of bribery under section 7.

5.1.2. On plain reading, it seems that section 11 has not been retained in any form in the proposed section 7. Section 11 of the 1988 Act deals with cases where for instance, a public servant takes free treatment in private hospital, knowing fully well that the private hospital has applied for certain permissions, which are under the public servant's jurisdiction. Section 11 of the 1988 Act criminalised this act.

5.1.3. However, under the proposed re-formulation of section 7, with the main offence being the mere acceptance of an "undue advantage" defined to include "any gratification whatever, other than legal remuneration", such an offence is now covered under section 7 of the 2013 Bill.

5.1.4. Recommendation: Section 11 should remain deleted, if section 7 is recast as suggested.



The Prevention of Corruption (Amendment) Bill, 2013 Back




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