Anti-Bribery and Corruption Laws in India

Offences under the PCA 

By commercial organisations 

If any person associated with a commercial organisation gives or promises to give any “undue advantage” to a public servant to improperly or dishonestly perform a public duty, or refraining from performing a public duty, with the intention to obtain or retain business or an advantage in the conduct of business for the commercial organisation. 

By public servants 

Accepting, obtaining, attempting to obtain, or agreeing to accept (personally or inducing another public servant) an “undue advantage” with the intention to perform a public duty improperly or dishonestly, or refrain from performing a public duty. 

By others 

Whoever accepts, obtains, or attempts to obtain from another person for themselves or for any other person any “undue advantage” as a motive or reward to induce a public servant to improperly or dishonestly perform a public duty, or refrain from performing a public duty through corrupt or illegal means. 

Giving or promising to give an undue advantage:  to another person or persons with the intention to induce or reward a public servant for improper performance of a public duty. 

Offences under the  FCRA “Foreign contribution” means, inter alia, any donation, delivery, or transfer made by any “foreign source” of any article (if not a gift), any currency or any security. 

“Foreign source” includes a foreign Government, foreign company (excluding the subsidiary of a foreign company) or trust, as well as a citizen of a foreign country. 

“Foreign hospitality” means any offer, not  being  a  purely casual one, made in cash or kind by a foreign source for providing a person with the costs of travel to any foreign country or territory or with free boarding, lodging, transport or medical treatment. 

It is an offence: 

For a candidate for election, a newspaper columnist, government servant, public servant, Member of the Legislature, political party or its office bearer, or a company engaged in production or broadcast of audio news (“Relevant Persons”), to accept a “foreign contribution” 

For an Indian resident, or a citizen of India who is resident outside of India, on behalf of a political party or a Relevant Person, to accept a foreign contribution. 

For any Indian resident (or Indian citizen outside India) to deliver to any person any currency, which has been accepted by a “foreign source”, if the resident (or overseas citizen) has reasonable cause to believe / knows that such other person intends to deliver the currency to a political party or Relevant Person. 

To deliver any currency, which has been accepted by a foreign source, on behalf of any person or class of persons if so specified by the Central Government. 

For any Legislative member, office-bearer of a political party, judge or government servant (among others) to accept foreign hospitality, when visiting a foreign country, without the prior permission of the Central Government, except in cases of emergency medical aid. 

Not to comply with a prohibitory order made by Central Government, prohibiting any person, who has in his custody or control any article, currency or security, in contravention of any provisions of FCRA, from paying, delivering, transferring or otherwise dealing in any manner whatsoever, any such article or currency or security. 

Yes 

Yes 

• Imprisonment between three and seven years 
• Unlimited fine 

• Varying prison sentence for offences; accepting or assisting in acceptance of foreign contribution or currency / security from a foreign source in violation on the FCRA can lead to imposition of a prison sentence of up to five years, or a fine, or both 
• Any article / currency / security received in contravention of the FCRA may be seized and subsequently disposed of, by the Central Government