IPC amendments: MP, Bihar among 6 states yet to respond

Hindustan Times: New Delhi: Monday, October 22, 2012.

Madhya Pradesh, Bihar and Uttar Pradesh are among six states which are yet to offer their comments on the Centre's proposal to make bribery in private sector a criminal offence by amending the Indian Penal Code.

Since law and order is a state subject, a draft IPC (Amendments) Bill was circulated to all states and Union territories for their comments.

"The comments of the state governments of Andhra Pradesh, Bihar, Madhya Pradesh, Odisha, Uttarakhand and Uttar Pradesh and UT of Pondicherry have not been received so far," the ministry of home affairs said in reply to an RTI query.

At present, there are no legal provisions to check graft in the private sector.

"The Bill is currently at its initial stage. It will be finalised after receipt of the comments of all or majority of state governments, along with the comments of other stakeholders," the reply said.

The MHA has proposed to amend the IPC by inserting a new chapter VII A (of offences by or relating to officials in private sector) wherein two clauses i.e. 160A and 160B have been proposed to curb the menace of bribery in private sector, it said.

The proposed bill would cover graft by an individual, firm, society, trust, association of individuals, company, whether incorporated or not, which undertakes any economic or financial or commercial activity.

According to the draft law, whoever in the course of economic, financial or commercial activity promises, offers or gives, directly or indirectly, any gratification, in any capacity, for a private sector entity, for the person himself or for another person shall be punishable.

Gujarat, Chhattisgarh, Karnataka, West Bengal, Punjab, Maharashtra, Assam, Haryana, Manipur, Meghalaya, Mizoram, Nagaland, Rajasthan, Sikkim, Tripura, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Lakshawdeep and Delhi have agreed to the proposal, officials said.

Jammu and Kashmir, Kerala, Tamil Nadu and Daman and Diu administrations have suggested some changes in the proposal, they said, adding that Arunachal Pradesh has offered "no comments" on the proposal.