In a case that could significantly impact corruption cases lodged before 2018, the Supreme Court is set to decide whether offering a bribe is punishable under the Prevention of Corruption Act, 1988 (PCA), even if the public official refuses the offer.

About the Case

• Issue: The issue in this case is whether offering a bribe (even if it is refused) is punishable under the PCA 1988, both before and after the 2018 amendments.
  • The case involves a person, who in 2016 offered a Rs. 2 lakh bribe to a police officer in Orissa and was subsequently charged under Section 12 of the PCA.
• Main legal argument: Whether the mere act of offering a bribe constitutes “abetment” under the PCA before the 2018 amendment.

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About Bribery

• Bribery is the act of giving, offering, receiving, or soliciting something of value to influence actions of a public official or another person in charge of a public or legal duty.
• The Prevention of Corruption Act, 1988, specifically addresses bribery and corruption, with significant amendments in 2018 to include offering a bribe as a standalone offense.
  • Pre-2018 PCA: Offering a bribe was not explicitly punishable unless it led to abetment under Sections 7 or 11 of PCA.
  • Post-2018 PCA Amendment: Offering a bribe became a distinct and punishable offense, even if the bribe was not accepted.

Key Legal Provisions of PCA Related to Bribery

• Section 7: Punishes public officials accepting gratification other than legal remuneration in exchange for performing or refraining from performing official duties.
  • Focuses on the demand and receipt of bribes by public officials.
• Section 11: Penalizes officials accepting valuable items related to their public functions without adequate consideration.
• Section 12: Punishes the abetment of offenses under Sections 7 and 11.
  • Covers both successful and unsuccessful attempts to bribe.
• 2018 Amendment:
  • Introduced provisions specifically criminalizing the act of offering a bribe, even if not accepted.
  • Created the new offense of “bribing a public servant,” closing previous legal loopholes.

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Reasons Why People Bribe

• To Access Basic Services: People face institutional inefficiencies or deliberate delays, forcing them to pay bribes to access essential services like healthcare, education, or welfare benefits.
  • A 2020 survey by Transparency International revealed that 39% of Indians reported paying bribes to access public services, including healthcare and education.
• To Expedite Processes: Bureaucratic inefficiencies and red tape compel citizens to bribe officials to avoid prolonged delays in services like issuing licenses, registrations, or approvals.
  • A 2024 survey by LocalCircles revealed that approximately 66% admitted to paying bribes to government officials in the past year to facilitate processes and avoid delays.
• To Avoid Harassment: Individuals bribe to escape harassment or undue obstacles created by officials, often under threat of legal or administrative action.
  • A Transparency International survey (2020) revealed that 42% of Indians paid bribes to police officers to avoid fines or arrest.
• To Gain Undue Advantage: Individuals and businesses use bribes to secure unfair benefits, such as contracts, favorable decisions, or approvals.
  • In October 2024, CBI arrested five CGST officials in Mumbai for allegedly demanding a ₹50 lakh bribe to settle a tax evasion case and prevent a businessman’s arrest.
• To Circumvent Regulations: Bribes are used to bypass legal or regulatory hurdles, often to secure illegal or unethical advantages.
• To Secure Employment: In competitive job markets, individuals are forced to pay bribes to secure employment or promotions.
  • The Vyapam Scam (2013) involved bribery for government jobs and medical college admissions in Madhya Pradesh.
• To Protect Livelihoods: Small business owners and farmers bribe to avoid disruptions caused by local authorities or bureaucratic hurdles, ensuring continuity of their work.
  • Farmers have reported paying bribes to access subsidies or loans, fearing denial of support if they resist.

Ethical Implications of Bribery

• Undermines Integrity and Trust: Bribery erodes the integrity of public officials and institutions, leading to a loss of trust among citizens. It compromises ethical governance and creates skepticism about the fairness of public administration.
  • The 2019 PDS Scam in Karnataka exposed officials diverting food meant for the poor into black markets, eroding trust in public welfare schemes.
• Encourages Corruption: Bribery fosters systemic corruption by normalizing unethical practices and reducing accountability.
  • The Commonwealth Games Scam (2010) in India involved large-scale corruption, with bribes paid to officials and contractors inflating costs for infrastructure projects.
• Inequality and Unfair Practices: Bribery creates an unequal playing field, where those unable or unwilling to pay bribes are at a disadvantage.
  • The 2018 Global Corruption Barometer revealed that 56% of Indians felt excluded from accessing services due to bribery demands.
• Erosion of Meritocracy: Decisions influenced by bribes undermine principles of meritocracy, leading to inefficiencies and a lack of competence in institutions.
  • Recruitment scams, such as SSC paper leaks, replace meritorious candidates with those who pay bribes.
• Hampers Development: Bribery diverts public funds from development projects and welfare schemes into private pockets.
  • The World Bank estimates that corruption costs developing countries $1.26 trillion annually, reducing resources for critical projects.
• Loss of Credibility: Bribery damages the credibility and reputation of public institutions, weakening citizens’ trust in governance.
  • In November 2024, U.S. prosecutors charged Gautam Adani and associates in a $265 million bribery case, raising concerns over the Adani Group’s transparency and corporate governance.
• Moral Degradation: Bribery normalizes unethical behavior, causing moral degradation in society and weakening personal and organizational values of accountability and honesty.
  • The normalization of bribes for school admissions in India fosters unethical behavior in future generations.
• Harm to Vulnerable Groups: Bribery disproportionately affects marginalized and vulnerable groups, limiting their access to basic services and opportunities.
  • Rural families often pay bribes to access government schemes like MGNREGA, defeating the purpose of empowering the poor.

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Ethical Dilemmas in Bribery

An ethical dilemma arises in bribery when individuals are forced to choose between conflicting moral principles, often due to systemic pressures or personal circumstances. 

• Integrity vs. Survival: A poor individual must decide whether to pay a bribe to access essential services like healthcare, education, or food rations.
  • A farmer may face an ethical conflict in paying a bribe to secure a crop loan to avoid losing their livelihood.
• Upholding Ethics vs. Career Advancement: Employees may face pressure to pay or accept bribes to secure promotions, contracts, or job security.
  • In the Vyapam Scam (2013), individuals faced ethical conflicts over paying bribes to secure government jobs.
• Loyalty to Organization vs. Public Welfare: Public officials might be asked to accept bribes to favor private entities, benefiting their organization but harming public interest.
  • A civil servant approving substandard contracts due to political or organizational pressure.
• Breaking the Law vs. Solving Immediate Problems: Individuals may feel compelled to offer bribes to expedite delayed legal processes, like obtaining permits or licenses.
  • A small business owner may bribe to speed up a clearance for their livelihood.
• Whistleblowing vs. Retaliation: Witnesses to bribery often face ethical conflicts between exposing corruption and fearing personal or professional retaliation.
  • An employee may hesitate to report a superior demanding bribes, fearing job loss or harassment.
• Protecting Relationships vs. Reporting Corruption: Individuals might refrain from reporting bribery by friends, colleagues, or family members to avoid damaging personal or professional relationships.
  • A contractor might avoid reporting a corrupt official they’ve worked with to maintain business ties.

Suggestions for Curbing Bribery

• Strengthen Whistleblower Protection: Implement robust laws and mechanisms to protect individuals who report bribery from retaliation.
  • Establish confidential reporting channels and provide legal safeguards for whistleblowers.
• Promote Transparency in Processes: Simplify bureaucratic procedures and reduce discretionary powers to minimize opportunities for bribery.
  • Digitize public services like property registration or welfare schemes to ensure accountability and transparency.
• Encourage Ethical Leadership: Promote leaders who demonstrate integrity and discourage corrupt practices in organizations and institutions.
  • Incorporate ethical leadership training in public administration and corporate governance programs.
• Strengthen Legal and Institutional Frameworks: Enforce stringent anti-corruption laws and ensure timely punishment for offenders to deter bribery.
  • Fast-track corruption cases and impose penalties that include confiscation of illicit gains.

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• Incorporate International Cooperation: Leverage global frameworks and partnerships to tackle corruption on a broader scale.
• Incorporate Ethics Education: Introduce ethics training in schools, colleges, and workplaces to foster a culture of honesty and accountability.
  • Include real-world scenarios and ethical dilemma workshops to equip individuals with decision-making skills.
• Encourage Social Accountability: Empower communities to monitor public projects and report discrepancies through social audits.
  • Use platforms like Right to Information (RTI) for public participation in governance.
• Foster a Culture of Zero Tolerance: Publicly recognize and reward ethical behavior in governance and corporate sectors.
  • Awards for ethical public servants and corporate leaders who reject corrupt practices.

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Conclusion

Bribery undermines trust, meritocracy, and ethical governance, perpetuating inequality and corruption. The Supreme Court’s pending decision on whether offering a bribe, even if refused, constitutes an offense under the pre-2018 PCA will clarify ambiguities in corruption laws, shaping the legal framework and enforcement against bribery in India.

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