(a) whether the Law Commission has proposed to the Government to amend certain provisions of the proposed Prevention of Corruption Act (Amendment) Bill and bring it in line with laws in the US and the UK;
(b) if so, the reaction of the Government thereto; and
(c) the time by which the Government is likely to amend the Act?
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a) & (b): The Prevention of Corruption (Amendment) Bill, 2013, for amending the Prevention of Corruption Act, 1988, was introduced in the Rajya Sabha on 19.08.2013 in order to fill certain gaps in description and coverage of the offense of bribery so as to bring it in line with the current international practice and also to meet more effectively, the country’s obligations under United Nations Convention Against Corruption (UNCAC). The said bill, inter alia, proposes to address the supply side of corruption (punishment to bribe-giver), to protect honest public servants from vexatious prosecution for any bony fide omission or commission in the discharge of official duties and to lay down clear criteria & procedure for sanction of prosecution. The Bill was referred to the Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, for examination and report. The Parliamentary Standing Committee submitted its report on the Bill on 06.02.2014, wherein it has made a number of recommendations for amendments in the Bill. Having regard to the fact that the Bill contemplates an important paradigm shift in defining the offences relating to bribery, Government sought the views of the Law Commission of India on the proposals contained in the Bill. The Law Commission of India, in its 254th Report on the Bill, presented to the Government on 12th February, 2015, has suggested a number of significant improvements in the Bill which are presently under consideration of the Government, with a view to moving necessary official amendments in the said Bill.
(c): Government is keen to have the Bill passed by Parliament at the earliest. However, since the Bill will have to be considered and passed by both Houses of Parliament, it is not possible to indicate any time-frame for the purpose.