News
High Court for cases of Corruption exceeding Rs 10,000
The Govt has decided to amend the Bribery Act so that corruption cases involving fraud in excess of Rs 10,000 will be heard only by a High Court. Currently, the cases are initially taken up in the Magistrate Courts. An officer of the Commission said amendments will be introduced so that the value in a corruption case heard before a magistrate’s court to be limited between Rs 2,000 and Rs 10,000.
The decision was in consequence to a request by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
The Commission has pointed out that a high court had the power to impose a maximum prison sentence of 10 years for corruption cases. Moreover, when it comes to complex financial crimes, it is important that they are heard before high court judges who are highly experienced, it had also noted.
Meanwhile, the Government is also moving to broaden the legal definition of what amounts to the offence of corruption. Accordingly, sections in the Bribery Act which can be interpreted to show that an act of corruption committed by a public servant who is not empowered, does not constitute corruption, will be amended.
The CIABOC has pointed out that this technical flaw in the legislation had resulted in many bribery cases ending in failure. Aiding and abetting corruption, as well as conspiracy to commit corruption, will also be deemed offences. While the Director General of the Bribery Commission currently has the power to file corruption charges in a magistrate’s court, practical difficulties have occurred when filing cases. Under the Act, the DG has to obtain written permission from the Commission to file a case before a magistrate’s court. This section too, will be amended to enable the DG to file a case without the Commission’s written permission. Officials said this is being done owing to practical difficulties that arise when filing court cases.