Developments in Indian Anti-Corruption Legislation

The Prevention of Bribery Act

This Act, introduced on March 25, 2011, prohibits bribes to or received by foreign public officials, defined as “any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected,” and “any person exercising a public function for a foreign country.” See The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill at ch. 1, ' 2(c) (2011), www.prsindia.org/uploads/media/Bribery/Prevention%20of%20Bribery,%2026%20of%202011.pdf. The Act, if passed, also holds liable those who abet the commission of an offense. Convictions for primary violators and abettors are punishable by up to seven years in prison and a fine. Id at ch. 2, ' 5. In addition, the Act allows India to enter into agreements with other countries to enforce the provisions of the Act and exchange information, as well as extradite accused persons. Id. at ch. 2, ' 5-6. If passed, the Act would authorize the Indian government to ratify the U.N. Convention Against Corruption, which India signed on Dec. 9, 2005, but has not yet ratified. Id at 2. The Act has been praised both domestically and internationally; it is currently awaiting a vote in the Lok Sabha, the Indian parliament's lower house.