Bribery issues

Find the Best Criminal Advocates in Chennai for Bribery Issues in Chennai. Advocate Saravvanan Rajendran Law Chambers is a Group of Vakils for Bribery issues in Chennai, Tamil Nadu, India.

Table of Contents

ADVOCATES FOR BRIBERY ISSUES

Introduction

Do you know that giving and taking bribe is both an offence? Yes, you heard it right! Both the giver and receiver of bribe will get punished. In reality the bribery offence happens in a secret manner. Almost no witness is present in the event. It has become a near-impossible task in investigating and booking the crime. The anti-corruption law is being ineffective due to such issues.

Find the Best Criminal Advocates in Chennai for Bribery Issues in Chennai.

In India series of corruption cases are on the rise in the past decade. The magnum of corruption is very huge in India. If left unchecked may lead to inequality in the economy. Ministers and government officials may hold huge wealth and Poor people will starve.

Punishment for Bribery

A person committing bribery will get punished with imprisonment up to 1 year or with fine or both. Bribery is a bailable offence. Police has the authority to release the accused on bail. Bribery is non-compoundable offence. No compromise is allowable between victim and accused except rare circumstances. First class magistrate can conduct Bribery trial. Search and Choose the Best Advocates for Bribery Issues Litigation.

Laws against person who gives bribe

A person can give bribe to any public official it can be cash, valuable object or return favor. Such person is liable for imprisonment between 3 to 7 years.
A mere statement by a person during trial agreeing to offer bribe is not punishable.
A person who offers a bribe can also get punished for one year or fine or both under IPC Sec 171 E.

How to Lodge a Bribery Complaint?

To lodge a bribery complaint, you have to go through the following simple steps:

You can register an FIR with police under Sec. 154 of Criminal Penal Code or
You can apply with Magistrate under Sec.156(3) of Criminal Penal Code or
You can make private complaint under Sec 200 of Criminal Penal code with Magistrate.

Where can I file a bribery complaint against public servant?

The authorized entities who can accept complaint against a public servant are:

Central Vigilance Commission (CVC),
Central Bureau of Investigation (CBI) &
Relevant State’s Anti-Corruption Bureau (ACB)

These authorized entities investigate cases under Prevention of Corruption Act & Indian Penal Code.
ACB handles cases within a state. CBI handles cases of Central Government and Union Territories.
CVC is the supervisory authority. ACB & CBI follows rules made by CVC. It delegates cases to CBI or ACB.
You can complain through a letter. The sealed letter should contain name and address of complaint. You can also make online complaint. You can send email or place a phone call.
ACB accepts complaint on bribery and disproportionate assets cases. It forms a trap to catch the guilty.

Can I lodge a complaint against a Judge?

Yes, of course! India is a democratic country. You can lodge a complaint against any Judicial Corruption.
CBI may receive complaint against lower judiciary judges.
When a High Court Judge demands bribe, then you complain with Chief Justice of the High Court
When a Chief Justice of High Court demands bribe, then you complain with Chief Justice of India.
Chief Justice of India addresses all complaints against Supreme Court Judge.

Can I file a complaint when a MLA or MP demands bribe?

In case a MP demands bribe, CBI will handle such complaints.
In a case where an MLA demands bribe, you can complain with the respective state’s Lokayukta. Lokayukta can start inquiry against even chief minister.

Where can I complain against different departments like mining or real estate etc.?

Central Vigilance Officer of the concerned department accepts complaint against the department. The complaint procedure is same as that of the complaint procedure of CVC.

How long does it take to get guilty punished?

The complaint handling policy lays down the time limit for investigation and punishment.
CVO needs to give his investigation report on complaint delegated by CVC within 3 months.
Based on investigation report, CVC offers advice.
Disciplinary action by concerned authority takes around 6 months
Penalty imposition takes further 3 to 6 months

What to do when there is no action from CVC?

When you raise a complaint with CVC, a key number gets allotted to the complaint. You can track the complaint status using that key number.
It takes about 3 months from complaint date up to investigation. Further 3 more months is necessary for disciplinary proceedings and awarding penalty.
When there is no response from CVC you can file a writ petition with High Court. High court there by gives a writ of Mandamus instructing CVC to take up proper action for the complaint.

Is there any law to protect reporters of bribery ?

The Whistle-blowers Protection Act protects a person who reports about corruption or bribery. . The person’s reporting gets considered as public interest disclosure. The person gets entitled to protection if:

In case of public servant, there will be no department proceedings
Any person who got victimized for filing complaint can report to respective authority. The authority directs police protection to the complainant.
In case a public servant gets dismissed for reporting bribery. Then the authority has power to restore his job

Here the competent authority may be PM for complaint against ministers. It may also be CM in case of complaints against state ministers. It may also be CVC for respective departments and ACB for respective states and so on.

Even companies come under Whistle-blowers Act. The persons involved in business during the bribery are guilty as per Act.

The complainant Id is under secrecy with the competent authority. With the complainant permission the competent authority can reveal his details for interview. The competent authority has power of civil court under civil procedure code.

You can complain an act of bribery with an authority within seven years from the date of an act of bribery. The reporter’s identity is being concealed under Whistle-blowers Protection Act. A person revealing the complainant identity gets fined for more than INR 50,000. He also gets imprisonment up to 3 years.

What is the process of filing complaint under Whistle-blowers Act?

Government of India has set CVC to receive written complaint on bribery & corruption. The following are rules to remember while making the complaint:

The complaint needs to in a proper a closed envelope.
Address the envelope to the Secretary, CVC
Write “Complaint under The Public Interest Disclosure” on top of envelope. An complaint envelope remains unsealed and not super-scribed. Then you cannot avail protection under the Whistle-blowers Protection Act
CVC will not take any action against unnamed complainant.
The complaint text should not have any clue about complainant identity.
Whistle-blowers should refrain from any communication with commission

Top Bribery case Advocates in Chennai

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