By: Apoorva Mandhani 2019-01-04 05:15:00.0 With the onset of the new year, here is a round-up of the laws that were notified in 2018: With the onset of the new year, here is a round-up of the laws that were notified in 2018: The Prevention Of Corruption (Amendment) Act, 2018 (Act No. 16 of 2018) The Act amends the Prevention of Corruption Act, 1988. Here are some of the changes brought by the Act: • It makes bribery a direct offence, but a person who is compelled to give a bribe will not be charged with the offence if he reports the matter to law enforcement authorities within seven days. Further, a public servant will not be charged with taking a bribe if he proves that he did not ‘perform his public functions dishonestly’. However, the term is not defined and hence, the circumstances under which a public servant’s actions would qualify as ‘honest’ is unclear. • It redefines the provisions related to criminal misconduct to only cover two types of offences: (i) fraudulent misappropriation of property; and (ii) illicit enrichment (such as amassing of assets disproportionate to one’s known sources of income). This is in contrast to the previous… Read full this story
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