Introduction
The Prevention of Corruption (Amendment) Act, 2018 brought major reforms to India’s anti-corruption law. It updated the Prevention of Corruption Act, 1988 to match global standards such as the UN Convention against Corruption, the US Foreign Corrupt Practices Act, and the UK Bribery Act. The changes target both bribe givers and receivers, strengthen corporate accountability, and set timelines for trials. However, they also introduce stricter procedures before starting investigations.
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What Are The Changes in the Prevention of Corruption Law
Before 2018, the law mainly punished public officials for accepting bribes. After the amendment, giving a bribe also became a criminal offence. Private individuals, companies, and even agents can now face prosecution for offering bribes.
The definition of corruption has also expanded. The law earlier focused on monetary rewards or gifts. Now, it uses the term “undue advantage”, which covers anything of value, money, gifts, favours, or services, that is not part of legal remuneration.
The scope of criminal misconduct also narrowed. Previously, it covered various corrupt activities such as abusing office. Now, it focuses mainly on two offences, misappropriating property and possessing assets beyond known income. Prosecutors must also prove intent.
What Is The Law On Prosecution
The rules for prosecution sanction became stricter. Earlier, approval was required only for serving officials. Now, it is also mandatory for retired officers. Under Section 17A, investigators must get prior approval from the appointing authority before probing acts done in official capacity.
What Are The Changes In Penalties
Penalties increased sharply. Earlier, corruption offences attracted six months to five years in prison. Now, the punishment is three to seven years for accepting bribes, with higher penalties for repeat offences, up to ten years, and fines.
Trials are now time-bound. Special Judges must aim to finish cases within two years, with possible extensions up to four years if delays are justified.
What Are The Rules On Property Confiscation
Property confiscation rules became more detailed. Section 18A allows seizure of assets gained through corruption, aligning the law with money laundering standards.
The amendment also introduced corporate liability. Companies, directors, managers, and agents can be prosecuted for offering undue advantage to public officials. Businesses must adopt strong anti-bribery policies to avoid prosecution.
For individuals, a defence is now available if they were forced to give a bribe. If they report the act to authorities within seven days, they will not face charges.
More Impact
The amendments aim to align India’s law with international anti-bribery practices. They promote transparency, punish both sides of bribery, and make companies accountable. However, the higher requirement for prior sanction may slow investigations and could shield some officials from legal action.
Conclusion
The 2018 amendments transformed the Prevention of Corruption Act into a tougher and broader law. It now tackles both bribe giving and taking, enforces corporate accountability, sets trial deadlines, and imposes harsher penalties. While these reforms strengthen the fight against corruption, the stricter approval process for investigations could limit their impact.
