India: - We are constantly hearing of cases being filed against public servants who take bribes or commit corruption. But what exactly is this law? Let us know in detail who comes under this law and what is the provision of punishment in it.
What is corruption?
This law is primarily about bribery and corruption. Taking and giving bribes is both a crime under the law, which is referred to as corruption, and embezzlement is corruption.
Who comes under the purview of this law?
1) Employees who are paid by the government
2) Receiving government benefits
Employees in companies,
Employees of the corporation,
3) Election staff
4) Presidents, secretaries, and employees of cooperative societies
5) Chairman or member of the Public Service Commission as well as persons authorized to make appointments
6) Vice-Chancellor of the University, Professor, Associate Professor, Assistant Professor, Head of Department
7) A person who has been empowered as an administrator in government affairs
8) Heads of offices of educational institutes, research institutes, cultural institutes
Such is the mechanism for conducting an inquiry under this Act:
1) To appoint a special judge. It will have Sessions Judge, Additional Sessions Judge, or Assistant Sessions Judge.
2) The Central Government or the State Government shall appoint such judges.
3) If a special judge is appointed, his dates will be daily and every effort will be made to settle the case as soon as possible.
4) If a special judge is appointed, he/she will complete his / her investigation or reverse investigation in accordance with the Code of Criminal Procedure of India and will carry out the work of adjudication accordingly.
5) Punishment will be given according to the nature of the crime.
6) Special CBI Will also carry out investigations.
Provision of punishment:
Bribe taker - In an incident under Section 161 and Section 165, it was proved that the person convicted in the incident agreed to take or took the goods, money without the legal salary he was entitled to or demanded a separate payment for that work and assumed that the amount of salary he received as per rules. If it is low and he is expecting more for it, then according to the Penal Code 161, it becomes a crime. If a person is found to have taken a bribe, there is a punishment.
Bribe-taker - In an incident where a person under section 165A has tried to give some valuables or money to get his work done, or if he has given valuables or money in return for the work, If the bait is shown, it is an offense under Penal Code 165A. Such a person can be punished.
In addition, if such a person is found to have committed such misconduct in the name of his family or relatives, he is liable to imprisonment for 7 years or a fine. And its misappropriated property is declared state property.
Both the bribe taker and the bribe giver are severely punished. Also, there is no provision in the law to reduce the punishment.