Corruption cases trial in UTs of J&K, Ladakh to be concluded within 2 yrs

Fight against menace to receive impetus under Central Law
Minimum 3 yrs imprisonment
Mohinder Verma
JAMMU, Nov 18: The fight against the menace of corruption will receive impetus in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh under the Prevention of Corruption Act passed by the Parliament as it prescribes conclusion of trial within a period of two years and has several other stringent provisions to tighten noose around those indulging in the corrupt practices.
From October 31, 2019, the Prevention of Corruption Act passed by the Parliament and amendments carried out from time to time have become applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
As per the analysis conducted by EXCELSIOR, the Central Law has several stringent provisions as compared to the Jammu and Kashmir Prevention of Corruption Act, which stands repealed as per the provisions of the Jammu and Kashmir Reorganization Act passed by the Parliament in the first week of August this year.
Under the J&K Prevention of Corruption Act, there was no time-frame for conclusion of trial in the corruption cases but the Central Act states: “Notwithstanding anything contained in the Code of Criminal Procedure, the trial of an offence shall be held, as far as practicable, on day-to-day basis and an endeavour shall be made to ensure that the trial is concluded within a period of two years”.
“Where the trial is not concluded within this period, the Special Judge shall record the reasons for not having done so and the period of two years may be extended to such further period, for reasons to be recorded in writing but not exceeding six months at a time. The said period together with such extended period shall not exceed ordinarily four years in aggregate”, reads Section 4 of the Act, which was amended last year.
As against minimum one year imprisonment prescribed for various offences under the repealed State Act, the Central Act prescribes minimum three years imprisonment in most of the offences.
“Any public servant, who obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine”, read the provision vis-a-vis offence relating to public servant being bribed.
Similarly, a Section, which deals with taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence, states: “Whosoever accepts or obtains or attempts to obtain from another person for himself or for any other person any undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of his personal influence to perform or to cause performance of a public duty improperly or dishonestly or to forbear or to cause to forbear such public duty by public servant shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years”.
The J&K Prevention of Corruption Act was silent on offence relating to bribing a public servant by a commercial organization but the Central Act’s Section 9(1) reads: “Where an offence under the Act has been committed by a commercial organization, such organization shall be punishable with fine, if any person associated with such commercial organization gives or promises to give any undue advantage to a public servant intending to obtain or retain business for such commercial organization or to obtain or retain an advantage in the conduct of business for such commercial organization”.
As far as punishment for abetment of offences is concerned, the Central Act states: “Whosoever abets any offence punishable under the Act, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine”. Under the J&K Prevention of Corruption Act, minimum imprisonment was one year and maximum five years.
The provisions of the Central Act relating to attachment and forfeiture of property are also stringent than those, which were applicable prior to October 31, 2019 when the Union Territories came into existence.
“All this clearly indicates that fight against the menace of corruption will receive impetus in both the UTs under the law passed by the Parliament”, legal experts said.

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