KEY AMENDMENTS TO THE ANTI-CORRUPTION LAW (India)

Author: Rashmi Grover

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Publisher: Nagashima Ohno & Tsunematsu

Journal / Book: NO&T Asia Legal Review No.5 (November, 2018)

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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

Background
India’s primary anti-corruption legislation, the Prevention of Corruption Act, 1988 (“PCA”) has been significantly amended by the Prevention of Corruption (Amendment) Act, 2018 (the “Amendment Act”). The Amendment Act has been brought into force with effect from 26 July 2018.

The Amendment Act attempts to bring India’s anti-corruption law in compliance with the United Nations Convention against Corruption 2005, which was ratified by India in 2011. For the first time, provisions relating to prosecution of a bribe giver and corporate liability whereby commercial organizations and officials can be held accountable for bribery related offences, have been introduced.

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