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

Rohit, an Indian citizen and senior officer of a public sector undertaking, is on a long study assignment in Germany. He is accused of an offence under the Prevention of Corruption Act, 1988 committed during the assignment. The board of the undertaking asks the company secretary which feature of the Act matters for jurisdiction. Which is the most accurate statement?

The citizenship of the accused is the relevant feature. The Act applies to all citizens of India outside India, so Rohit, an Indian citizen, remains covered even though the alleged conduct took place in Germany.

  1. AOnly the citizenship of the accused matters; the Act extends to Indian citizens outside IndiaCorrect
  2. BOnly the place of the act matters; foreign acts are excluded
  3. COnly the employer's registered office location matters
  4. DOnly the nationality of the person offering the bribe matters

Explanation

Section 1(2) makes the Act applicable to all citizens of India outside India. Rohit's citizenship therefore brings his conduct abroad within the Act. The place of the act, the employer's office and the briber's nationality are not the stated test in this provision.

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