 Legal Framework for Fighting Corruption:

o Prevention of Corruption Act, 1988 provides for penalties in relation to

corruption by public servants and also for those who are involved in the
abetment of an act of corruption.

 Amendment of 2018 criminalised both bribe-taking by public servants as

well as bribe giving by any person.
o The Prevention of Money Laundering Act, 2002 aims to prevent instances
of money laundering and prohibits use of the 'proceeds of crime' in India.

 The offence of money laundering prescribes strict punishment, including

imprisonment of up to 10 years and the attachment of property of
accused persons (even at a preliminary stage of investigation and not
necessarily after conviction).
o The Companies Act, 2013 provides for corporate governance and prevention
of corruption and fraud in the corporate sector. The term 'fraud' has been
given a broad definition and is a criminal offence under the Companies Act.

 In cases involving fraud specifically, the Serious Frauds Investigation

Office (SFIO) has been set up under the Ministry of Corporate Affairs,
which is responsible for dealing with white collar crimes and offences in
companies.
 The SFIO conducts investigation under the provisions of the Companies
Act.
o The Indian Penal Code, 1860 sets out provisions which can be interpreted to
cover bribery and fraud matters, including offences relating to criminal breach
of trust and cheating.
o The Foreign Contribution (Regulation) Act, 2010 regulates the acceptance
and use of foreign contributions and hospitality by individuals and
corporations.

 Prior registration or prior approval of the Ministry of Home Affairs is

required for receipt of foreign contributions and in the absence of such
registration or approval, receipt of foreign contributions may be
considered illegal.

Way Forward
 Strengthen oversight institutions  to ensure resources reach those most in
need. Anti-corruption authorities and oversight institutions must  have sufficient
funds, resources  and  independence  to perform their duties.
 Publish relevant data and guarantee access  to information to ensure the
public receives easy, accessible, timely and meaningful information.
 All agencies should cooperate to eradicate corruption. Preventive corruption
measures must be appreciated and adopted as “Prevention is better than
cure”.
Anti-corruption (or anticorruption) comprise activities that oppose or inhibit corruption. Just as
corruption takes many forms, anti-corruption efforts vary in scope and in strategy. A general
distinction between preventive and reactive measures is sometimes drawn. In such framework,
investigative authorities and their attempts to unveil corrupt practices would be considered reactive,
while education on the negative impact of corruption, or firm-internal compliance programs are
classified as the former.

In national and in international legislation, there are laws interpreted as directed against corruption.
The laws can stem from resolutions of international organizations, which are implemented by the
national governments, who are ratifying those resolutions or be directly issued by the respective
national legislative.
Laws against corruption are motivated by similar reasons that are generally motivating the existence
of criminal law, as those laws are thought to, on the one hand, bring justice by holding individuals
accountable for their wrongdoing, justice can be achieved by sanctioning those corrupted
individuals, and potential criminals are deterred by having the consequences of their potential
actions demonstrated to them

The OECD Anti-Bribery Convention was the first large scale convention targeting an aspect of
corruption, when it came in 1999 into force. Ratifying the convention obliges governments to
implement it, which is monitored by the OECD Working Group on Bribery. The convention states that
it shall be illegal bribing foreign public officials. The convention is currently signed by 43 countries.
The scope of the convention is very limited, as it is only concerned with active bribing. It is hence
more reduced than other treaties on restricting corruption, to increase – as the working group's
chairman Mark Pieth explained – the influence on its specific target.

Mark Lawrence Wolf floated in 2012 the idea to launch an International Anti-Corruption Court, as
either a part of the already existing International Criminal Court, or as an equivalent to it. The
suggestion was widely discussed and endorsed by a variety of NGOs including Global Organization
of Parliamentarians Against Corruption (GOPAC), Global Witness, Human Rights Watch,
the Integrity Initiatives International (III), and TI.[22] An implementation of the concept is currently not
scheduled by any organizations with the authority of conducting such step.

Methods Tried to Abolish Corruption[edit]

Right to Information Act[edit]
Main article: Right to Information Act
The 2005 Right to Information Act required government officials to provide information requested by
citizens or face punitive action, as well as the computerisation of services and the establishment of
vigilance commissions. This has considerably reduced corruption and opened up avenues to redress
grievances.[3]

Right to Public Services laws[edit]

Main article: Right to Public Services legislation

Right to Public Services legislation, which has been enacted in 19 states of India, guarantee time
bound delivery of services for various public services rendered by the government to citizen and
provides mechanisms for punishing the errant public servant who is deficient in providing the service
stipulated under the statute.[70] Right to Service legislation is meant to reduce corruption among the
government officials and to increase transparency and public accountability.[71]

Anti-corruption laws in India[edit]

Public servants in India can be imprisoned for several years and penalised for corruption under the:

 Indian Penal Code, 1860

 Prosecution section of Income Tax Act, 1961
 The Prevention of Corruption Act, 1988
 The Benami Transactions (Prohibition) Act, 1988 to prohibit benami transactions.
 Prevention of Money Laundering Act, 2002
Punishment for bribery in India can range from six months to seven years of imprisonment.
India is also a signatory to the United Nations Convention against Corruption since 2005 (ratified
2011). The Convention covers a wide range of acts of corruption and also proposes certain
preventive policies.[72]
The Lokpal and Lokayuktas Act, 2013 which came into force from 16 January 2014, seeks to provide
for the establishment of the institution of Lokpal to inquire into allegations of corruption against
certain public functionaries in India.[73][74]
Whistle Blowers Protection Act, 2011, which provides a mechanism to investigate alleged corruption
and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing
in government bodies, projects and offices, has received the assent of the President of India on 9
May 2014, and (as of 2 August) is pending for notification by the Central Government.[75][76]
At present there are no legal provisions to check graft in the private sector in India. Government has
proposed amendments in existing acts and certain new bills for checking corruption in private sector.
Big-ticket corruption is mainly witnessed in the operations of large commercial or corporate entities.
In order to prevent bribery on supply side, it is proposed that key managerial personnel of
companies' and also the company shall be held liable for offering bribes to gain undue benefits.[citation
needed]

The Prevention of Money Laundering Act, 2002 provides that the properties of corrupt public
servants shall be confiscated. However, the Government is considering incorporating provisions for
confiscation or forfeiture of the property of corrupt public servants into the Prevention of Corruption
Act, 1988 to make it more self-contained and comprehensive.[41]
A committee headed by the Chairman of Central Board of Direct Taxes (CBDT), has been
constituted to examine ways to strengthen laws to curb generation of black money in India, its illegal
transfer abroad, and its recovery. "The Committee shall examine the existing legal and
administrative framework to deal with the menace of generation of black money through illegal
means including inter-alia the following: 1. Declaring wealth generated illegally as national asset; 2.
Enacting/amending laws to confiscate and recover such assets; and 3. Providing for exemplary
punishment against its perpetrators." (Source: 2013 EY report on Bribery & Corruption)
The Companies Act, 2013, contains certain provisions to regulate frauds by corporations including
increased penalties for frauds, giving more powers to the Serious Fraud Investigation Office,
mandatory responsibility of auditors to reveal frauds, and increased responsibilities of independent
directors.[77] The Companies Act, 2013 also provides for mandatory vigil mechanisms which allow
directors and employees to report concerns and whistleblower protection mechanism for every listed
company and any other companies which accepts deposits from public or has taken loans more than
50 crore rupees from banks and financial institutions. This intended to avoid accounting
scandals such as the Satyam scandal which have plagued India.[78] It replaces The Companies Act,
1956 which was proven outmoded in terms of handling 21st century problems.[79]
In 2015, Parliament passed the Black Money (Undisclosed Foreign Income and Assets) and
Imposition of Tax Bill, 2015 to curb and impose penalties on black money hoarded abroad. The Act
has received the assent of the President of India on 26 May 2015. It came into effect from 1 July
2015.

Anti-corruption police and courts[edit]

The Directorate General of Income Tax Investigation, Central Vigilance Commission and Central
Bureau of Investigation all deal with anti-corruption initiatives. Certain states such as Andhra
Pradesh (Anti-Corruption Bureau, Andhra Pradesh) and Karnataka (Lokayukta) also have their own
anti-corruption agencies and courts.[80][81]
Andhra Pradesh's Anti Corruption Bureau (ACB) has launched a large scale investigation in the
"cash-for-bail" scam.[82] CBI court judge Talluri Pattabhirama Rao was arrested on 19 June 2012 for
taking a bribe to grant bail to former Karnataka Minister Gali Janardhan Reddy.[83] A case has also
been opened against seven other individuals under the Indian Penal Code and the Prevention of
Corruption Act.[82]

Civic anti-corruption organisations[edit]

A variety of organisations have been created in India to actively fight against corrupt government
and business practices. Notable organisations include:

 Bharat Swabhiman Trust, established by Ramdev, has campaigned against black money and
corruption for a decade.[when?]
 5th Pillar is most known for the creation of the zero rupee note, a valueless note designed to be
given to corrupt officials when they request bribes.[84]
 India Against Corruption was a popular movement active during 2011–12 that received much
media attention. Among its prominent public faces were Arvind Kejriwal, Kiran Bedi and Anna
Hazare. Kejriwal went on to form the Aam Aadmi Party and Hazare established Jan Tantra
Morcha.[85]
 Jaago Re! One Billion Votes was an organisation founded by Tata Tea and Janaagraha to
increase youth voter registration.[86] They have since expanded their work to include other social
issues, including corruption.[87]
 The Lok Satta Movement, has transformed itself from a civil organisation to a full-fledged
political party, the Lok Satta Party. The party has fielded candidates in Andhra Pradesh, Tamil
Nadu, and Bangalore. In 2009, it obtained its first elected post, when Jayaprakash Narayan won
the election for the Kukatpally Assembly Constituency in Andhra Pradesh.