According to the Prevention of Corruption (Amendment) Act, 2018, who a

According to the Prevention of Corruption (Amendment) Act, 2018, who among the following can be held liable?

Any person who induces a public servant to perform improperly a public duty by giving or promising to give any undue advantage
Any public servant who obtains or accepts or attempts to obtain from any person any undue advantage
A person who is compelled to give undue advantage and has reported the same to the concerned authority
A commercial organisation offering undue advantage to any public servant

Select the correct answer using the code given below :

1 and 2 only

3 and 4 only

1, 2 and 4 only

1, 2, 3 and 4

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2021

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The Prevention of Corruption (Amendment) Act, 2018 introduced liability for bribe givers (Section 8), maintained liability for public servants accepting bribes (Section 7), and added liability for commercial organisations involved in bribing public servants (Section 9). However, Section 8 provides a defence for a person who is compelled to give undue advantage if they report the matter to the law enforcement agency within a specified period. Thus, while the act of being compelled and giving the bribe occurs, reporting it provides immunity from prosecution, meaning they are *not* held liable if they fulfil the condition. Therefore, statements 1, 2, and 4 describe parties who can be held liable under the Act.

The 2018 amendment made bribe givers and commercial organisations liable, alongside public servants. A key defence for compelled givers is prompt reporting.

Section 7 deals with the offence committed by a public servant (taking a bribe). Section 8 deals with the offence of giving a bribe or inducing a public servant. Section 9 deals with offences by commercial organisations. The proviso to Section 8(1) offers protection to victims of bribery who are compelled to pay and report the incident.

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