INDIA Law and Practice Contributed by: Priyank Ladoia, Asif Ahmed, Puneet Dhanoa and Utkarsh Routh, AZB & Partners
dures for the processing of cases under Section 17A of the PCA. 1.4 Recent Key Amendments to National Legislation There have been no amendments to the PCA in recent years. The last key amendment to the PCA was in 2018 by way of the Prevention of Corruption (Amend - ment) Act, 2018 (the “Amendment Act”). Under the Amendment Act, the following changes were made to the PCA. While the PCA penalised a public servant for accept - ing any reward other than a salary, the Amendment Act amended this to bring within its ambit any act where a public servant accepts any “undue advantage other than legal remuneration”. The Amendment Act makes giving a bribe to a public servant a direct offence, thereby extending the scope of the PCA to private parties as well. The Amendment Act also prescribes that a trial under the PCA shall happen – as far as practicable – on a day-to-day basis. The Amendment Act also created a new offence of taking undue advantage to influence a public serv - ant by corrupt or illegal means or by the exercise of personal influence. The PCA also introduced an offence relating to brib - ery of a public servant by a commercial organisation. This included an amendment whereby, if a commer - cial organisation was found guilty of bribing a public servant, with the connivance or consent of any officer of the company (including key managerial personnel), such persons would also be guilty of the offence and be liable to be proceeded against. The Amendment Act reduces the types of offences under criminal misconduct to cover only two offences – misappropriating property and amassing dispropor - tionate assets. The Amendment Act also introduced Section 17A, which mandates that no police officer shall conduct any enquiry or investigation into any offence alleged to have been committed by a public servant under the PCA where the alleged offence is
relatable to any recommendation made or decision taken by such public servant in discharge of their offi - cial functions or duties, without the previous approval of the relevant authority. Most importantly, the Amendment Act introduced Chapter IV A into the PCA, which provides powers of attachment and forfeiture of property as provided in the PMLA and the Criminal Law Amendment Ordi - nance, 1944. 2. Bribery and Corruption Elements 2.1 Bribery While bribery has not been specifically defined under the PCA, a substantial definition of “undue advantage” has been provided. The definition is all-encompass - ing, since it includes any gratification, other than the legal remuneration received by the public servant. Further, the explanatory note to the provision further widens the word “gratification” to being not limited to pecuniary gratification or being estimable in money. Therefore, under the PCA, it is not necessary for the undue advantage to be in money, property or some - thing estimable in money. It includes rights in property, any preferment, privilege, etc. However, it must have some value in order to qualify as an advantage. Under Section 7 of the PCA, it is an offence for a public official to obtain, accept or attempt to obtain any undue advantage with an intent to dishonestly perform their duty as a public servant. The provision is again comprehensive, since the explanatory note provides that improper performance is not necessary to prosecute under this provision. However, to pros - ecute under the provision, it is necessary for the pros - ecution to prove that a demand for undue advantage was made by the public servant, and mere receipt of undue advantage is not enough to prove this offence. The jurisprudence on the proof of demand being sine qua non is backed by multiple pronouncements of various High Courts in India – and even the Supreme Court in Krishan Chander v State of Delhi , AIR 2016 SC 298 and Dileepbhai Nanubhai Sanghani v the State of Gujarat , 2025 SCC OnLine SC 441 held that proof of demand is an absolute necessity. In Aman Bha-
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