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Yogesh V Nayyar Commentary On The Prevention Of Corruption Act 2025

From Whitesmann Publishing Co.
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Author :Yogesh V Nayyar

Publisher :Whitesmann Publishing Co.

SKU :WMP143

Edition :2025

Format :Paperback

HSN No :49011010

Country Region :India

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Description

This commentary is intended for law students, legal practitioners, and government officials who need a detailed understanding of the Prevention of Corruption Act. It offers a deeper look into how corruption is defined, prosecuted, and punished in India, serving as both a reference and a guide for those involved in tackling corruption.

 

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Content

    • The book would begin by establishing the primary objective of the Prevention of Corruption Act, which is to curb corruption among public servants. It may also explore how this law intersects with other anti-corruption laws, both at the national and international levels.
    • The book would likely set the stage by explaining the broad scope of the Act, its intent to hold public officials accountable, and ensure integrity in public service.

  2. Key Offenses under the Act:

    • Bribery and Corruption: A fundamental concept, the book would explain how bribery (accepting or offering bribes) is a core offense under the Act, with an emphasis on what constitutes “corruption” in legal terms.
    • Criminal Misconduct: The commentary would provide clarity on what qualifies as criminal misconduct by public servants, including the abuse of official position and receipt of illegal benefits.

  3. Legal Framework of Investigation and Prosecution:

    • The book would break down the investigative process, detailing the role of agencies like the Central Bureau of Investigation (CBI) and the Lokpal in investigating cases under the Act.
    • It would explain the procedures for filing complaints, investigation processes, and how cases are taken to court for prosecution. This section would also discuss the legal safeguards in place to protect whistleblowers and informants.

  4. Punishments and Penalties:

    • A key part of the Act, the book would explore punishments for those convicted of corruption, including imprisonment, fines, and the potential for confiscation of ill-gotten wealth.
    • The 2018 Amendment expanded certain penalties, and this would be a crucial section in the commentary, examining the legal repercussions for those found guilty under the Act.

  5. Recent Amendments:

    • 2018 Amendment: The book would likely focus on the 2018 amendment, which expanded the scope of the Act to criminalize the act of giving bribes (not just receiving them) and made provisions for the protection of whistleblowers.
    • The concept of public servants and their roles under the law would be clarified, including updates on what constitutes a "public servant" under the Act post-amendment.

  6. Defenses Available under the Act:

    • The commentary would likely discuss the defenses that may be available to an individual accused of corruption under the Act. This would include defenses such as the lack of evidence of criminal intent or proving that the accused was coerced into committing the offense.

  7. Interpretation of Legal Provisions:

    • Judicial Interpretation: The book would address how various Indian courts have interpreted key provisions of the Act, particularly regarding offenses like bribery, illegal gratification, and abuse of office.
    • This section would be critical in understanding the evolving judicial perspective on corruption cases in India.

  8. Impact of Corruption on Governance:

    • The book might discuss the societal impact of corruption and the necessity for robust legal frameworks like the Prevention of Corruption Act to ensure good governance and transparency in public life.
    • This could include the role of public accountability in preventing corruption and the book may reflect on how the Act contributes to improving administrative transparency.

  9. Case Law and Judicial Precedents:

    • To provide practical insight, the commentary would likely feature important case law and judicial precedents where courts have dealt with issues arising under the Prevention of Corruption Act. This would help readers understand how courts interpret and apply the Act in real-world cases.
    • Notable cases would be cited, helping practitioners understand how legal principles are applied in actual corruption cases.

  10. Global and Comparative Anti-Corruption Frameworks:

  • The book may provide a comparative analysis of India’s anti-corruption law with international frameworks, like those from the United Nations or other countries, to give a broader perspective on global anti-corruption efforts.

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Yogesh V Nayyar Commentary On The Prevention Of Corruption Act 2025

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