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From Baksheesh to BriberyUnderstanding the Global Fight Against Corruption and Graft$
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T. Markus Funk and Andrew S. Boutros

Print publication date: 2019

Print ISBN-13: 9780190232399

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190232399.001.0001

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10 India
From Baksheesh to Bribery

Andrew Boutros

Oxford University Press

This chapter discusses the various laws and enforcement agencies in India relating to the investigation and criminalization of bribery and related offenses. Although India’s principal statutes, the Prevention of Corruption Act (PCA) and Prevention of Money Laundering Act (PMLA), have been in force for decades, the number of related prosecutions is low, with the first prosecution under the PMLA coming 15 years after that statute’s enactment. While India criminalizes bribery of domestic public officials, it lacks any laws criminalizing commercial bribery or bribery of foreign public officials, which sets the country behind many of its peer economies. There have been various calls for increased anti-corruption reforms in recent years, including from the administration of current prime minister Narendra Modi, but the success of these efforts remains to be seen.

Keywords:   black money, demonetization, PCA, PMLA, CBI, Central Vigilance Commission, Enforcement Directorate, Vijay Mallya, Hari Narayan Rai, Chander v. State

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