Law panel for change in anti-graft legislation

Modify section to include sexual favours, govt told

The Law Commission has told the government that a section in the Prevention of Corruption (Amendment) Bill, 2013, should be modified to broaden the definition of “gratification” to include all undue advantages, including sexual favours.

Justice Shah, Chairman of the Law Commission, has recommended the phrase “undue financial or other advantage” should be dropped from the bill altogether, as it does not cover sexual favours in return for a public servant’s acts or omissions.

Instead, the panel has recommended that the phrase be substituted with “undue advantage” throughout the 2013 Bill and the 1988 Act.

Section 2 (d) of the Prevention of Corruption Act, 1988, pertains to “undue financial or other advantage”.

The panel explained that this definition did not make a clear distinction between due and undue financial or other advantage.

It recommended that it be replaced with “undue advantage”, as this would cover any kind of gratification other than legal remuneration. The panel said that the word “gratification” is not limited to pecuniary gratifications or to gratifications estimable in money. The expression “legal remuneration” is not restricted to remuneration paid to a public servant, but includes all remuneration which he is permitted by the government or the organisation, which he serves, to receive, it said.

“It (the proposed change) clearly covers sexual favours as ‘gratification’ in return for the public servant to do/refrain from doing a certain act.

“However, ‘other advantage’ in ‘financial or other advantage’ (as in Section 2d) does not seem to cover sexual favours in return for the public servant’s acts or omissions. Thus, the proposed amendment is actually narrowing the scope of corruption, instead of the stated intent of expanding it,” it said.

The commission undertook the study of the Prevention of Corruption (Amendment) Bill, 2013 on the government’s request.

It prepared its 254th report after going through the United Nations Convention Against Corruption and other relevant statutes and case-laws of the country and the United Kingdom.