The amendment in provisions can be divided into 5 categories:
1. Bribery (undue advantage defined as gratification other than legal remuneration)
Earlier, there were no specific provisions except as abetment but under the amendment giving a bribe is now an offence, punishable by a 7-year prison term except when one is forced to give a bribe. However, it should be reported within 7 days.
2. Criminal misconduct
Earlier, criminal misconduct used to cover offences including taking bribe habitually, getting anything free or at a concession, obtaining pecuniary advantage for oneself or for another without public interest.
Under the amendment to the Act, criminal misconduct will now include only two offences (already mentioned above):
* misappropriating of property entrusted to the banker
* amassing assets disproportionate to known sources of income
3. Pre-investigation approval
Now, a police officer will need prior approval of relevant authority or government to begin investigation. However, the same does not apply when the accused is caught red-handed.
4. Sanction for prosecution
A sanction is needed for prosecuting former officials for offences done while in office. The decision on sanction request is to be made under three months which may be extended by a month. Centre may notify about the guidelines.
5. Forfeiture of property
This section was introduced for the Special Court to attach and confiscate property, which was earlier done under a 1944 ordinance through civil courts.
The Act as amended is attached for reference.
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