INDIA Law and Practice Contributed by: Priyank Ladoia, Asif Ahmed, Pranav Tomar and Puneet Dhanoa, AZB & Partners
4.2 Exceptions There are no exceptions to the previously dis - cussed defences (see 4.1 Defences ). 4.3 De Minimis Exceptions See 4.1 Defences for any and all exceptions available to a person or commercial organisa - tion under the PCA. 4.4 Exempt Sectors/Industries There are no sectors or industries that can plead exemption from the applicability of the PCA. 4.5 Safe Harbour or Amnesty Programme In the course of proceedings under the PCA, the court may, at any stage of inquiry or trial, grant a pardon to such person on condition of their making a full and true disclosure of the circum - stances within their knowledge with respect to the offence in question, whether as a principal or abettor of such offence, with a view to obtaining evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence, and as provided under the PCA. If an accused person pleads guilty to an offence during or before commencement of trial, the courts have discretion to take a lenient view while sentencing them. However, while exercis - ing this discretion, the court cannot award a sen - tence that is lower than the minimum sentence prescribed for such offence.
for the public servant is minimum imprisonment of three years and up to seven years, along with a fine. For the offence of taking advantage to influence a public servant by use of personal influence, as provided under Section 7A of the PCA, the punishment prescribed for an individual person is minimum imprisonment of three years and up to seven years, along with a fine. For the offence of bribing a public servant to induce such public servant to improperly per - form a public duty or to reward the public serv - ant’s improper performance, under Section 8 of the PCA, the punishment prescribed for an individual person is minimum imprisonment of three years and up to seven years, along with a fine. For a commercial organisation, there is only a fine. For the offence of giving or promising to give any undue advantage to a public servant to obtain or retain business, or to obtain or retain any advan- tage in the conduct of its business, as provided under Section 9 of the PCA, the punishment pre - scribed for a commercial organisation is a fine. For the offence of being in charge of a commer - cial organisation and found guilty under Section 9 of the PCA, the relevant individual official of the commercial organisation can be punished with minimum imprisonment of three years and up to seven years, along with a fine, as provided in Section 10 of the PCA. For abetting an offence under the PCA, as pro - vided under Section 12, the punishment pre - scribed is minimum imprisonment of three years and up to seven years, along with a fine.
5. Penalties for Violations 5.1 Penalties on Conviction
For the offence of a public servant obtaining, accepting or attempting to obtain any undue advantage with an intent to dishonestly perform their duty as a public servant, as provided under Section 7 of the PCA, the punishment prescribed
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