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Is Corruption a Crime .. Simple Question

I have a basic question that may come across as a qs with an "obvious" answer.. but its not to ...
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  1. #1
    yanou.sun is offline eTI Member
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    Is Corruption a Crime .. Simple Question

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    I have a basic question that may come across as a qs with an "obvious" answer.. but its not to be, that for one im certain of.


    " Is Corruption a Crime ? "




    P.S. This might require quotes from the Constitution of India.

  2. #2
    Admin's Avatar
    Admin is offline Administrator
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    Topic moved to most appropriate section.
    eTI Admin

  3. #3
    Rohit Chandra's Avatar
    Rohit Chandra is offline eTI Member
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    Hi Yanou.son,
    Corruption is not really a crime but if it is hurting someone or causing losses to someone then it is crime.

    I hope I make sense ...

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    yanou.sun is offline eTI Member
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    @ Rohit I am afraid if that is an appropriate answer because as per the Law or the Constitution ( Which i have not read with regard to the Definition of CORRUPTION) there is no 'ifs' and 'buts'.......... im sure there is an exact definition of Corruption that perhaps clearly indicates that Corruption is an Offence no doubt but does it come under the purview of Crime or NOT.

    The reason i raised this topic is because we all tend to use the phrase Corruption is a Crime without realizing that it may or may not be technically correct.

  5. #5
    Naveen Arora's Avatar
    Naveen Arora is offline eTI Iron
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    Corruption is a crime because if you are corrupt you are going against law and going against law is crime.

  6. #6
    yanou.sun is offline eTI Member
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    well going by the above statement it seems correct. Sadly noone can substantiate there point with quotes/facts.

  7. #7
    Aarish Rizvi's Avatar
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    I guess we need to refer to IPC laws to actually give exact definition of corruption.

    Any Law professional here ?

  8. #8
    yanou.sun is offline eTI Member
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    Quote Originally Posted by Yahoo View Post
    I guess we need to refer to IPC laws to actually give exact definition of corruption.

    Any Law professional here ?

    Well my friend i guess that sums it up as far as the level of interest goes or may be there is NO one with a sound knowledge in LAW to debate this topic.

  9. #9
    Aarish Rizvi's Avatar
    Aarish Rizvi is offline eTI Bronze
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    I found this on internet :

    "act of corruption" -
    (a) means an act which constitutes a corruption offence; and
    (b) includes -
    (i) any conduct whereby, in return for a gratification, a person does or neglects from doing an act in contravention of his public duties;
    (ii) the offer, promise, soliciting or receipt of a gratification as an inducement or reward to a person to do or not to do any act, with a corrupt intention;
    (iii) the abuse of a public or private office for private gain;
    (iv) an agreement between 2 or more persons to act or refrain from acting in violation of a person's duties in the private or public sector for profit or gain;
    (v) any conduct whereby a person accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification for inducing a public official, by corrupt or illegal means, or by the exercise of personal influence, to do or abstain from doing an act in the exercise of his duties to show favour or disfavour to any person;
    "agent" -

    (a) means any person employed by or acting for another person;

    (b) includes a member or an officer of a public body, a trustee, a sub-contractor, and any person employed by or acting for such trustee or sub-contractor;
    "associate", in relation to a person, means –
    (a) a person who is a nominee or an employee of that person;

    (b) a person who manages the affairs of that person;

    (c) a firm of which that person, or his nominee, is a partner or a person in charge or in control of its business or affairs;

    (d) a company in which that person, or his nominee, is a director or is in charge or in control of its business or affairs, or in which that person, alone or together with his nominee, holds a controlling interest, or shares amounting to more than 30 per cent of the total issued share capital; or

    (e) the trustee of a trust, where -

    (i) the trust has been created by that person; or

    (ii) the total value of the assets contributed by that person to the trust at any time, whether before or after the creation of the trust, amounts, at any time, to not less than 20 per cent of the total value of the assets of the trust;
    “bank” -

    (a) has the same meaning as in the Banking Act 2004; and

    (b) includes any person licensed under the Banking Act 2004 to carry on deposit taking business;

    As I said, it is avery big file, in which everything is explained in details.
    You can surf the net and download the file.

  10. #10
    Aarish Rizvi's Avatar
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    Furthermore I have found following link and I think it will be worth reading it,
    Adequacy of Legal and Regulatory Framework to Combat Corruption in India

  11. #11
    yanou.sun is offline eTI Member
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    This is a very helpful link dude....."A perusal of the working of the anti-corruption laws in India and in the previous years leads to the conclusion that the anti-corruption Act, 1988 being considered as the strong arm of criminal law"

    I guess from the above statement it is safe to concur that Corruption is a Crime.

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