Financial Crime World

Corruption Crackdown: Tough Punishments for Public Servants

In a bid to curb corruption, the government has introduced stringent laws and punishments for public servants who engage in corrupt practices.

Property Deemed Acquired Illegally

Under Section 20 of the Corruption Prevention Act, a public servant who fails to disclose their assets or maintains an incompatible lifestyle may have their property deemed acquired illegally. In such cases:

  • The property shall be confiscated
  • The public servant shall be liable to imprisonment for up to two years

Punishment for Attempts and Accomplices

Section 21 of the Act states that anyone attempting to commit a corruption offense shall be liable to half the punishment imposed on those who commit the offense. Additionally, accomplices to any corruption offense shall also be liable to:

  • Half the punishment
  • Or, if they provide cash or other benefits to the public servant committing the offense or receive such benefits, they shall be liable to the same punishment as the public servant

Punishment for Corporate Bodies

Section 23 of the Act states that if a corporate body commits an offense, the:

  • Partners at the time of commission of the act (in case of a firm)
  • Person acting as the principal official (in case of a company or corporate body) shall be deemed to have committed the offense
  • The person committing the act prior to their appointment shall also be liable

Additional Punishment for High-Ranking Officials

Section 24 of the Act states that if an office bearer of a constitutional organ or body, or an officer belonging to the special class of government officials commits a corruption offense, they shall be liable to:

  • Imprisonment for up to three years
  • In addition to the punishment prescribed for the offense

Investigations and Inquiries

The investigating authority may initiate:

  • Investigations
  • Inquiries
  • Other actions upon receiving information about corruption
  • Immediate action, including raids and arrests, if necessary

Preliminary Inquiry

The investigating authority shall conduct a preliminary inquiry confidentially upon receiving a complaint or information about an offense under the Act. During this process, they may:

  • Seek explanations from the concerned body or person regarding the information received

Powers of Investigating Authority

Section 28 of the Act grants the investigating authority powers to:

  • Order relevant documents and evidence
  • Conduct inquiries with public servants or other persons accused of corruption
  • Release accused public servants on bond, subject to certain conditions

The government emphasizes that these laws are designed to curb corruption and ensure transparency in public service. Public servants who engage in corrupt practices will face severe punishment, while those who cooperate with the authorities shall be treated leniently.