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Report No. 254

Chapter II

Analysis of Section 7 of the 2013 Bill

2.1. Section 7 regulates the demand side offence, namely acts relating to a public servant being bribed. As the Statement of Objects and Reasons makes clear, the definition of the offence under the section was:

proposed to be substituted by a new comprehensive definition which covers all aspects of passive bribery, including the solicitation and acceptance of bribe through intermediaries and also acts of public servants acting outside their competence.

2.2. Nevertheless, in attempting to create "a new comprehensive definition", section 7 of the 2013 Bill has substantially lifted from sections 2-4 of the UK Bribery Act. In doing so, it has created great ambiguity in the interpretation of the section.

The Prevention of Corruption (Amendment) Bill, 2013 Back

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