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Report No. 254

C. Mandate of the Present Law Commission

1.10. Pursuant to the informal decision taken at the Cabinet Meeting and the circulation of an improved draft on 12th November 2014 further modifying the 2013 Bill (the "2014 amendments"), the Secretary of DoPT vide letter being, D.O. No.428/04/2014-AVD-IV(B) dated 17th November 2014, requested the Law Secretary at the Department of Legal Affairs to make a reference to the Twentieth Law Commission for its views on the proposed amendments in the 2013 Bill and the 2014 amendments.

1.11. On 8th January 2015, the Department of Legal Affairs, Ministry of Law & Justice, Government of India vide Note No.A-45012/1/2015-Adm.III(LA) forwarded the letter to the Law Commission requesting its views and recommendations on the proposed amendments of the PC Act, 1988, relating to the definition of offences, provisions regarding sanction for prosecution, and other provisions in the 1988 Act.

The Commission was requested to examine the matter at the earliest and send its report as soon as possible, preferably before the end of February 2014. Accordingly the present reference came to this Commission in the aforesaid terms.

1.12. Pursuant to this reference, and considering the short span of time within which the Report had to be submitted, the Commission carried out a study of the UNCAC; provisions of Indian law including the 1944 Ordinance, the Prevention of Money Laundering Act 2002, and the Lokpal and Lokayukta Act 2013; provisions in UK law including the UK Bribery Act, the Guidance prepared by the UK Ministry of Justice under the Bribery Act, and the reports prepared by the UK Law Commission; practice and relevant judgments in Indian and British law; and provisions under the American Federal Corrupt Practice Act.

1.13. The Chairman held various meetings with the full time members of the Commission and was very ably assisted by Ms. Vrinda Bhandari, who served as a Consultant to the Commission.

1.14. Thereafter, upon extensive deliberations, discussions and in-depth study, the Commission has given shape to the present Report.



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