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According to the Prevention of Corruption (Amendment) Act, 2018, who among the following can be held liable ?
1. Any person who induces a public servant to perform improperly a public duty by giving or promising to give any undue advantage
2. Any public servant who obtains or accepts or attempts to obtain from any person any undue advantage
3. A person who is compelled to give undue advantage and has reported the same to the concerned authority
4. A commercial organisation offering undue advantage to any public servant
Select the correct answer using the code given below :
Explanation
The Prevention of Corruption (Amendment) Act, 2018 introduced significant changes to the legal framework against corruption in India. Under Section 7, a public servant is liable for obtaining, accepting, or attempting to obtain an undue advantage (Statement 2). Section 8 makes bribe-giving a specific offence, holding individuals liable who induce public servants through undue advantage (Statement 1). Crucially, the Act provides immunity to persons compelled to give a bribe, provided they report the matter to law enforcement within seven days; therefore, such persons are not held liable (Statement 3 is incorrect). Furthermore, Section 9 extends liability to commercial organisations if their associates offer bribes to public servants to gain business advantages (Statement 4). Consequently, only statements 1, 2, and 4 describe parties that can be held liable under the Act.
SIMILAR QUESTIONS
To prosecute a public servant, prior sanction from the Central or State Government is necessary. The provision for previous sanction necessary for prosecution of public servant for offences punishable under Sections 7, 11, 13 and 15 of the Prevention of Corruption Act is mentioned under which one of the following Sections of the Prevention of Corruption Act, 1988 ?