Definition Of Bribery Under Macc Act
Section 25 1 and 2 of the macc act 2009.
Definition of bribery under macc act. Used holds receives or conceals any property of the corrupt person commit an offence under this act. Broadly the act defines bribery as giving or receiving a financial or other advantage in connection with the improper performance of a position of trust or a function that is expected to be performed impartially or in good faith. Any person who enters into any dealing e g. 4 2 bribery refers to the act of offering giving promising asking agreeing receiving accepting or soliciting something of value or of an advantage in order gain commercial contractual regulatory or personal advantage or to induce or influence an action or decision.
Application of this policy p1. Bribery accepting receiving soliciting demanding attempting to obtain gratification giving offering gratification section 16 17 macc act 2009 amendment 2018 receiving obtaining valuable thing without consideration section 165 penal code embezzlement theft section 381 penal code fraud. Any person who knows and fails to report an act of giving and offering of bribes is committing an offence under section 25 1 and 2 of the macc act 2009. Bribery defined as any action which would be considered as an offence of giving or receiving gratification under the macc act.
Officers to be liable for an offence under the macc act 2009. Instead of the word bribe the macca act defines the word gratification which includes both pecuniary and non pecuniary bribes. Using office or position for gratification bribe abuse of power position section 23 macc act 2009 failure to report. 1 2 definition of bribery.
What are the offences of requesting receiving gratification bribe requesting receiving gratification bribe section 16 17 a macc act 2009 any person or agent soliciting receiving any form of gratification bribe as an inducement for performing not performing a task. 4 3 section 3 of the macc act defines gratification as.