The Law Commission today brought out a draft bill which makes accepting or giving bribe by foreign public officials a criminal offence entailing a jail term of up to seven years, but at same time provides for certain defences and exceptions against charges of graft.
The draft Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2015 is a revised version of an earlier bill introduced in Parliament in 2011, which lapsed with the dissolution of the 15th Lok Sabha.
The Law Commission's draft bill also takes into account the draft 2015 bill prepared by the Ministry of Personnel.
The law panel's draft bill says that the offences of abetment of and attempt to commit "passive and active" bribery must be separate, as the ingredients for these offences differ and ought to carry different penalties.
Unlike most other jurisdictions, the Indian draft law also criminalises the offence of passive bribery, which deals with the acceptance of bribes by foreign officials. Very few countries have criminalised the offence of passive bribery, including Malaysia and Switzerland.
Based on suggestions made the Law Minister, the law panel has recommended that the proposed law must provide a specific provision that details the defences and exceptions available against the offences under the law.
"This includes an exception for payments made in the course of routine duties or functions of foreign officials, such as for issuing permits or licenses, processing official documents, and similar services," it said.
The report said such defences and exceptions are routinely provided in all other jurisdictions, and it is appropriate that India follows this norm. Such a provision was not present in the 2011 bill which had lapsed last year.
The draft bill says that commercial organisations that are guilty of bribery must be liable to pay a fine.
