Definition Of Bribery In Indian Law

Bribery is a crime that occurs when a person offers gives receives or accepts something of value in exchange for influence over or alteration of another person s behavior.

Definition of bribery in indian law. As of december 2009 120 of india s 542 parliament members were accused of various crimes under india s first information report procedure wherein anyone can allege another to have committed a crime. However the definition of public official under the prevent of corruption act 1988 has not been changed and it remains to be seen whether the effect of the section 9 offence extends to indian corporates who bribe foreign public officials. While there are no indian laws that apply specifically to foreign bribery the provisions of the 2013 act relating to fraud and financial record keeping may be attracted if an indian company. Corruption in india is a problem that has serious implications for protecting the rule of law and ensuring access to justice.

Bribery is defined by black s law dictionary as the offering giving receiving or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. Bribery of a foreign public official in order to obtain or retain business or an advantage in the conduct of business. The original regulation which originally concerned or discussed bribery and corruption was the indian penal code. Failure of commercial organisations to prevent bribery liability is triggered by an associated person acting for or on behalf of the organisation paying the bribe.

It may be noted that there is no existing indian law that applies to bribery of foreign public officials by indian companies and a bill introduced in parliament in this regard the prevention of bribery of foreign public officials and officials of public interest organisations bill 2011 has since lapsed. This law forbade the providing of bribes to individuals and also forbade officials public servants and those in certain positions of power from accepting valuable gifts. The penal code 1860 is the penal law of india and sets out provisions which are interpreted to cover bribery and fraud matters including those committed in the private sector. With regard to governmental operations essentially bribery is corrupt solicitation acceptance or transfer of value in exchange for official action gifts of money or other items of value which are otherwise available to everyone on an equivalent basis and not for dishonest purposes.

The bribe itself is the gift of money or other assets given on the basis that the recipient will act in a certain way that is contrary to what he would do in ordinary circumstances.