THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2017

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1 1 AS INTRODUCED IN LOK SABHA Bill No. 182 of 2017 THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2017 By SHRI SUNIL KUMAR SINGH, M.P. A BILL further to amend the Prevention of Corruption Act, of BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows: 1. (1) This Act may be called the Prevention of Corruption (Amendment) Act, Short title. 2. In section 17 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the principal Act), the following proviso shall be added at the end, namely: "Provided also that a police officer investigating into an offence referred to in clause (e) of sub-section (1) of section 13 shall compulsorily inquire into and, as far as possible, find out the sources of and the manner of acquiring the pecuniary resources Short title. Amendment of section 17.

2 Amendment of section or property disproportionate to the known sources of income of a public servant and the extent of role of other public servants in commission of such offence.". 3. In section 19 of the principal Act, in sub-section (1), the following proviso shall be added at the end, namely: "Provided that where a decision regarding granting or withholding the previous sanction is not taken within a period of four months from the date of seeking previous sanction, the previous sanction shall, after the expiry of the said period, be deemed to have been given by the Central Government or the State Government or the competent authority, as the case may be.". 5

3 STATEMENT OF OBJECTS AND REASONS At present, corruption is the biggest problem afflicting our country. It is difficult to assess the extent of damage that corruption has done to our country. Corruption devalues human rights and hampers growth. It is urgently required to put in place the strongest possible laws to check corruption. At the same time, it is also equally important that these laws are implemented in an effective manner. Increase in quantum of punishment to and fine on people involved in corruption will be a step in that direction. In various raids conducted during the past few years, some public servants including those belonging to group 'C' and 'D' categories have been found to have amassed crores of rupees which is beyond their known sources of income. These assets are alleged to have been acquired through illegal gratifications. Thus, a provision should be made in the Act to find out how and from where such assets were acquired by the public servants. Obtaining prior sanction from the competent authority to initiate the process of prosecution against public servants accused of corruption is a major stumbling block. There is a popular perception in the country that necessary effort must be made to prevent corruption. It is therefore, necessary that the process of sanctioning prosecution should be completed within a stipulated time frame. Hence this Bill. NEW DELHI; SUNIL KUMAR SINGH July 5,

4 ANNEXURE Persons authorised to investigate. Previous sanction necessary for prosecution. EXTRACT FROM THE CONSTITUTION OF INDIA (49 OF 1988) * * * * * 17. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no police officer below the rank, (a) in the case of the Delhi Special Police Establishment, of an Inspector of Police; (b) * * * * (c) * * * * Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefore without a warrant: Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police. 19. (1) * * * * (2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed. * * * *. 4

5 LOK SABHA A BILL further to amend the Prevention of Corruption Act, (Shri Sunil Kumar Singh, M.P.) GMGIPMRND 2090LS(S3)