“Section 8 Prevention of Corruption Act, 2018 | Giving Bribes Explained I Dr. Jinesh Soni Advocate

Описание: In this video, Dr. Jinesh Soni, Advocate, explains Section 8 of the Prevention of Corruption (Amendment) Act, 2018, which penalizes giving or promising a bribe to a public servant.

This law targets the “supply side” of corruption, making the act of bribing a public official a standalone offense.

Key Highlights:

Definition of Offense:
Giving, or promising to give, an “undue advantage” to a public servant—or anyone to influence a public servant—to:

Perform a duty dishonestly or improperly, or

Reward them for improper performance.

Direct or Indirect Bribe:
Bribes can be given directly or through a third party; liability remains the same.

Punishment:

Imprisonment up to 7 years

Fine or both

Compulsion Exception:

If forced to give a bribe, the person is exempt from punishment if they report the incident to authorities within 7 days.

Commercial Organizations:
Organizations giving bribes are punishable with fines.

Important Context:
Before 2018, giving a bribe was often treated as “abetment.”
The 2018 amendment created a standalone offense for the giver, not just the receiver.
Actual wrongdoing by the public servant is irrelevant; the act of giving/promising is enough for conviction.

⚖️ Importance:
Section 8 PCA emphasizes deterrence against corrupt practices and closes the loophole where only public servants were punished. It ensures accountability for both giver and receiver.

About the Speaker
Dr. Jinesh Soni, Advocate Founder – Dr. Jinesh Soni Consultants (OPC) Private Limited
Specialist in Men’s Rights, Matrimonial Disputes, Economic Offences & Criminal Law
📞 Mobile: 9772946899
📧 Email: [email protected]


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