Giving a bribe is a punishable offence under newly-amended Act

A person giving a bribe to bureaucrats is punishable under the newly-amended Prevention of Corruption Act (PC Act) that was passed in the Rajya Sabha on July 19. This is being seen as a double-edged sword as it will discourage bribe-givers from reporting the crime and will indirectly protect corruption in the bureaucracy.

The amended Act says: “Giving a bribe is a punishable offence. However, a person who is compelled to give a bribe will not be charged with the offence if he/she reports the matter to law enforcement authorities within seven days.” Under the principal Act, a bribe giver may be penalised for abetting the offence of taking a bribe. Under the amendment Bill, giving a bribe, directly or through a third party, is made an offence.

Speaking to this newspaper, High Court advocate Ms Rachana Reddy said: “The bribe giver,  is now an accused. The amended Act works both ways. If the bribe giver is not punished, then there will be no reduction of bribe itself. On the other end, if the bribe giver is the whistleblower, then he/she shouldn’t be prosecuted but would be protected instead. If the informer is punished corruption within the bureaucracy will get buried.”

Another advocate, Mr Singi Reddy, said, “There should be a justification for the protection of informers. The investigating agencies must protect the interest of those revealing crime. Both bribe giver and acceptor should be punished when the bait is revealed through an investigation but not when the bribe giver blows the whistle on corruption.” Agencies like the Anti Corruption Bureau apart from carrying out independent investigations against tainted officials, act on complaints filed by the victim who is often the bribe-giver. If these victims are placed under the ambit of prosecution, it will deter complainants.