The Bill empowers the Centre to enter into agreements with other countries for enforcing this law and for exchange of probe info.
A diplomat posted in India may escape punishment in a murder case, by invoking the immunity clause, but will face the statue book, if found offering bribe.
A parliamentary standing committee on personnel grievances, law and justice headed by Abhishek Manu Singhvi on Thursday recommended withdrawing “immunity” from any foreign national including diplomats indulging in corruption or found greasing palms to seek contracts or benefits from Indian nationals.
The Prevention of Bribery of Foreign Public Officials and Officials of the Public International Organisations Bill, was introduced in Lok Sabha last year in March. It was later referred to the parliamentary panel ,which approved the Bill alongiwth several recommendations.
The Bill seeks to prevent corruption relating to bribery of foreign public officials and officials of public international organisations.
The Bill is part of India’s global commitment to prevent corruption.
After signing the United Nations Convention against Corruption on December 9, 2005, the Bill was necessary for the ratification of the Convention.
The Bill empowers the Central Government to enter into agreements with other countries (contracting states) for enforcing this law and for exchange of investigative information. The Bill criminalizes acceptance or solicitation of bribes by foreign persons for acts or omissions in their official capacity. Further, it also makes offence offering or promising to offer a bribe to any foreign person for obtaining or retaining business.
Any person who commits offences under the Bill shall be liable to imprisonment between six months and seven years and a fine.
Extradition treaties entered into by India with other countries that are signatories to the convention are deemed to be amended to include offences under the Bill. In case the evidence required for investigating an offence under the Bill is available in a contracting state, an application may be made by the Investigation Officer to the Special Judge appointed under the Prevention of Corruption Act, 1988.
Similarly, the Bill further says, when a letter of request is received by the Central Government from a contracting state the same shall be forwarded to the Special Judge for executing the request in accordance with the provisions of the Bill and Criminal Procedure Code, 1973. The government of India or the Special Judge may impose conditions upon the imprisonment of persons being transferred from India.
Reciprocally, the Bill provides for compliance with conditions imposed by a contracting state when a prisoner is transferred to India.
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