Lok Sabha Question No. 1286 (UNSTARRED), answered on 2018-07-25
Subject: Prevention of Corruption Act
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: Shrirang Appa Barne, PRITAM GOPINATH MUNDE, VINAYAK BHAURAO RAUT, SHIVAJI ADHALRAO PATIL, DHARMENDRA YADAV, ANANDRAO  ADSUL

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 1286

(TO BE ANSWERED ON 25.07.2018)

## PREVENTION OF CORRUPTION ACT

## 1286. SHRI SHRIRANG APPA BARNE:

DR. PRITAM GOPINATH MUNDE:

SHRI VINAYAK BHAURAO RAUT:

SHRI ADHALRAO PATIL SHIVAJIRAO:

SHRI DHARMENDRA YADAV:

SHRI ANANDRAO ADSUL:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Prevention of Corruption Act (PCA) is slowing down decision making as it does not confine corruption to bribery or dishonest behaviour;
- (b) if so, the details thereof and the reasons therefor;
- (c) whether the Union Government has set up a high level group to study the clauses of the aforesaid  Act  which  are  responsible  for  delaying  the  decision  making  and  if  so,  the findings thereof;
- (d) whether  the  Union  Government  is  considering  amendment  in  the  PCA  to  ensure  that bonafide decisions that subsequently turn wrong are not treated as acts of corruption; and
- (e) if so, the time by which the final decision is likely to be taken in this regard?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JITENDRA SINGH)

(a) to (e):   The provision of section 13(1)(d)(iii) of the Prevention of Corruption Act, 1988 as it presently exists is as follows:

'13. Criminal misconduct by a public servant.

(1) A public servant is said to commit the offence of criminal misconduct,-

…….

(d) if he,----

……..

(iii)  while  holding  office  as  a  public  servant,  obtains  for  any  person  any  valuable  thing  or pecuniary advantage without any public interest;…….'

The aforesaid provision does not carry the element of mens rea and thus does not  confine such type of corruption to bribing of a public servant or any dishonest behavior by him.  This raises apprehensions and fears in the mind of public servant which prima facie have the potential of impeding and slowing down decision making.

The Prevention of Corruption (Amendment) Bill, 2013, for amending the Prevention of Corruption Act, 1988, was introduced in the Rajya Sabha on 19.08.2013.  The Bill after having been  considered  by  the  Department  related  Parliamentary  Standing  Committee  on  Personnel, Public Grievances, Law and Justice, in its 69 th Report and the Law Commission of India in its 254 th Report, was also examined by the  Select Committee of Rajya Sabha, which submitted its report on the Bill to the Rajya Sabha on 12th August, 2016.

Recommendations  made  by  the  Select  Committee  in  its  report  on  the  Bill  were considered by the Government and official amendments were moved on the Bill as reported by the Select Committee of the Rajya Sabha.

The Bill was taken up for discussion and passed by the Rajya Sabha on 19 th July, 2018 during its current 246 th Session. Further, it was taken up for discussion and passed by the Lok Sabha on 24 th July,2018 during its current 15 th Session of the 16 th Lok Sabha.

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