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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Business Ethics, Code of Conduct and Anti-Bribery

Meera, an Indian citizen and a public servant, is posted at an Indian mission abroad. She is alleged to have taken an undue advantage there. Her counsel argues that the Prevention of Corruption Act, 1988 cannot apply because the act took place outside India. Based on the extent clause of the Act, which statement is correct?

The Act applies to Meera. Its extent clause says it covers the whole of India and also applies to all citizens of India outside India. Because she is an Indian citizen, an act done abroad does not remove her from the Act's reach.

  1. AThe Act does not apply, as it operates only within the territory of India
  2. BThe Act applies only if the offence is also an offence under the law of the foreign country
  3. CThe Act applies to the whole of India and also to all citizens of India outside India, so it can apply to MeeraCorrect
  4. DThe Act applies outside India only to companies and not to individual citizens

Explanation

Section 1(2) states that the Act extends to the whole of India and applies also to all citizens of India outside India. Meera is an Indian citizen, so the place of the act abroad does not take her outside the Act. The territorial argument therefore fails.

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