CORRUPTION 2 LAST

"The Committee, however, notes that the Law Commission of "The Committee, however, notes that the Law Commission ofIndia in it Two Hundred Fifty-fourth Report (February, 2015)has suggested to use the expressions ‘undue advantage’ in thePC Act. The Committee endorses the aforesaid amendmentsproposed to Section 2 of the PC Act, 1988 under the clause,"it reads. The Law Commission had in its report said "financial orother advantage" as mentioned formulation was narrower thanthe proposed changes to cover "any gratification whatever,other than legal remuneration". "For example, it clearly covers sexual favours as’gratification’ in return for the public servant to do/refrainfrom doing a certain act. However, "other advantage" in"financial or other advantage" being interpreted using ejusdemgeneris (of or as the same kind) does not seem to cover sexualfavours in return for the public servant’s acts or omissions. "Thus, the proposed amendment is actually narrowing thescope of corruption, instead of the stated intent of expandingit," it said, recommending use of "undue advantage" in theproposed bill. The report said some stakeholders were of the view thatthere is need to provide an explanation to the terms’non-pecuniary benefit’ (being considered as an offence undercorruption) as there is every possibility of filing ofmalicious and false complaints against public servants. "Further, it was also suggested that casual exchange ofhospitality like presenting traditional gift, souvenir ormemento subject to a certain monetary limit and courtesylunch, dinner during meeting or official visit may not bebrought under the purview of ‘undue advantage’," the SelectCommittee report said. The panel apprehended that the probe agencies may misusethe proposed clause to harass public servant as well asmembers of civil society in corruption ‘and advised thatadequate precautions be taken in this regard. PTI AKV SKAAR