Pca

Question 1

Define corruption

Answer 1

Illegal, immoral or unauthorized act done by a person in due course of his employment which eventually contributes to social inequality and conflict

Question 2

Public servant

Answer 2

2c

1. Service and pay
2. Nature of work - judges , arbitrators , election officers, persons in service commission, universities, or any Instn receiving aid

3 judicial interpretation over the years
- mla, mp, cm, pm
- former civil servants
- chairperson of cooperative society

Question 3

List down the offences under PCA

Answer 3

1. Sec 7 - undue advantage - to do, as a reward, to induce another to do his duty improperly
2. sec 7a- for exercise of their personal relationship with the ps
3. Sec 8- bribe givers
4. Sec 9 , 10- commercial org
5. sec 11 - does public duty -no considertion - inadequate consideration
6. Sec 13 - criminal misconduct

Question 4

Criminal misappropriation prior to 2018 amendment

Answer 4

1. Using illegal means Valuable thing/monetary reward
   2 Abusinv his position to
   3 VT/MR w/o public interest of any other person

Question 5

Sec 13 post amendment

Answer 5

1. Misappropriation or conversion for his own use any property entrusted
2. amassing wealth disproportionate to known source of income

Question 6

Lacunaes in pca

Answer 6

1. What if not within 4 years
2. Corporate viel
3. Sec 17(a) - permission - 4 months - leakage
4. Bribe givers
5. Presumption of guilt only in UA –; Habitual offenders, abetting an offence

Question 7

How are commercial org held liable under pcra

Answer 7

Sec 9,10

1. When a person associated with CO gives UA to public servant with an aim of
   - obtaining and retaining business for CO
   - obtain and retain adv in conduct of business
2. Provided that it shall be a defence for the commercial organisation to prove that it had in place adequate procedures in compliance of such guidelines as may be prescribed to prevent persons associated with it from undertaking such conduc
3. The capacity in which the person performs services for or on behalf of the commercial organisation shall not matter
4. Whether or not the person is a person who performs services for or on behalf of the commercial organisation is to be determined by reference to all the relevant circumstances
5. If the person is an employee of the commercial organisation, it shall be presumed unless the contrary is proved that such person is a person who has performed services for or on behalf of the commercial organisation.
6. h offence is proved in the court to have been committed with the consent or connivance of any director, manager, secretary or other officer ,, they shall be punished under the act

Question 8

Comparative analysis of poca before and after 2018 amendment

Answer 8

1. Undue advantage
2. Bribe giver -7A
3. Protection to bribe givers
4. Commercial org
5. Criminal misconduct narrowed
6. Prior sanction serving —-> extended to former
7. Forfeiture of property — apply pmla
8. Time frame for trial - in 2 years — 6 month at a time, max 4 years