ANTI CORRUPTION LAWS IN INDIA

Author: Sakshi Dev,

Delhi Metropolitan Education, Uttar Pradesh


INTRODUCTION

Corruption is an unscrupulous way used by an individual to take advantage over others. Corruption has turned out to be a part of our daily life. It is actually the misuse of authority or position to acquire personal benefit. It has become a great issue in our Indian society. In India, there has been a trend of give and take which means, give some money in order to get your work done. For example, Suresh gifts Mahesh, a public servant, a house in Andheri west in return for Mahesh giving fast approval to Suresh's building construction project. Corruption is affecting the growth of our nation. Corruption is intently related to bribery, or in simple words, when someone who is in power decides to misuse his/her power in making money for himself/ herself. And now the condition is getting worse. It has entered the very roots of our nation. Corruption takes place due to the fact that the Government system is so infiltrated by officials who've no morals and who come into power simply to make unlawful money. Today, everybody is struggling a lot to make money and when they get a chance, they take advantage of it. Corruption is a kind of deadly disease that is not restricted to any particular political party. It infects our society at large. Corruption has influenced the nation so severely that it prevents individuals in foreign countries from investing. Housing societies are the leading illustration of corruption. The main reason for corruption in India is need of keenness among the leaders. Poverty has demoralized the country and the absence of ethical substance or moral content in education. Because of corruption, the rich are getting richer and poor are getting poorer which has created social inequality. The main cause of corruption is the greedy people and the corrupt people who have a thirst for a luxurious and comfortable life as a result of which they make money by improper ways. Sometimes the people who are earning very less, they try to earn money by improper or by illegal ways. Corruption has spread in the common public lives, political, central governments, state governments, business, industries, etc. It has not left any single field. Everyone has just forgotten the real responsibility of being a human just for the sake of money. Some of the Anti- corruption laws in India are mentioned below. The laws and enforcement bodies for Anti-Corruption are under Indian Penal Code, 1860. Section 405 of IPC states the “Criminal breach of trust”, and Section 409 of IPC states the “Criminal breach of trust by public servant, or by banker, merchant or agent”. Section 161 to 165 of IPC was repealed and replaced by Sections 7 to 11 of The Prevention of Corruption Act, 1988 (POCA).


The Prevention of Corruption Act 1988, as amended from time to time, is the foremost anti-corruption law. It punishes offenses committed by public servants in connection to the acknowledgment or endeavored acknowledgment of any form of unlawful gratification (ie, anything of value other than a legal entitlement).


The Companies Act 2013, contains certain provisions to anticipate corruption and fraud within the company sector, including: the duty of statutory evaluators to reveal any instances of fraud (which covers occasions of corruption and bribery) committed by company employees; increased punishments for fraud offences (up to 10 years of imprisonment and a fine of up to 3 times the quantity involved within the relevant fraudulent transaction.)


The Whistleblowers Prevention Act 2011 is essentially meant to protect certain whistleblowers with regard to disclosure of acts of corruption. Whereas the Whistleblowers Security Act has however come into drive, the government has clarified that it intends to correct the act further before bringing it into effect.


The Lokpal and Lokayuktas Act 2013, builds up the places of work of the nodal ombudsman for the central and state governments (Lokpal and Lokayuktas, individually) and accords critical powers to those bodies to uncover and discover cases of corruption inside the public zone in India (eg, the authority to provisionally attach belongings pending intending). The Lokpal and Lokayuktas Act, 2013, typically known as The Lokpal Act, is an anti-corruption Act of Indian Parliament in India.


CONCLUSION

India is not in the platonic place when it comes to corruption and moreover global perceptions of corruption and bribery. Corruption has become almost adequate to our integral part of the economy from rock bottom to top in social and cultural activities. The whole system is corrupt. The corrupt people use various ways and do different tricks to manipulate or to deceive people or others. It is assumed that from the peon to the boss everyone is corrupted directly or indirectly. Usually the police and tax departments are notorious for corruption. Bribery, nepotism and misuse of the facility have entirely destroyed the moral fibre of our society. They touch rock bottom level for the sake of monetary gains.

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