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The amendments to the Prevention of Corruption Act, 1988, adopted recently by both Houses of Parliament, are a mixed bag. Moves to make changes in this law, aimed at combating corruption in government, were initiated during the UPA's second term in office and largely centred on the misuse of one provision Section 13 (1)d. Former Prime Minister Manmohan Singh had criticised this section, under which public servants are culpable for securing a pecuniary advantage for another without any public interest, for ignoring a foundational principle of criminal law: mens rea. This resulted in many honest officials being prosecuted even when they gained nothing and merely exercised their power or discretion in favour of someone. Insofar as it had a chilling effect on governance and deterred bold decision making, the amended form may have a liberating effect on honest officials. Besides, it is more concise and restricts criminal misconduct to two offences: misappropriating or converting to one's own use property entrusted to a public servant or is in his control, and amassing unexplained wealth. There was concern initially with the wording, intentionally enriches himself illicitly during the period of his office, as it raised a doubt whether the 'intention' to amass wealth would also have to be proved. Now an explanation has been added that a person shall be presumed to have intentionally enriched himself if he cannot account for his assets through known sources of income. By making citizens liable for offering a bribe to a public servant, the anti corruption law has been brought in line with the UN Convention Against Corruption. The only exception to this rule is when one is forced to give a bribe. This exception kicks in only when the fact that one was forced to pay a bribe is reported to a law enforcement
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