Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Anti-Corruption & Bribery
1.
Legal and enforcement framework
1.1
Which legislative and regulatory provisions govern anti-corruption in your jurisdiction, from a regulatory (preventive) and enforcement (criminal) perspective?
 
India
No answer submitted for this question.
1.2
Which bilateral and multilateral instruments on anti-corruption have effect in your jurisdiction?
 
India
No answer submitted for this question.
1.3
Are there accessible directives or other guidance from enforcement authorities in your jurisdiction?
 
India
No answer submitted for this question.
1.4
Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have?
 
India
No answer submitted for this question.
1.5
What are the statistics regarding past and ongoing anti-corruption procedures in your jurisdiction?
 
India
No answer submitted for this question.
1.6
What are the shortcomings identified in your jurisdiction’s anti-corruption legislation (including recommendations of the Organisation for Economic Co-operation and Development, where applicable)?
 
India
No answer submitted for this question.
2.
Definitions and scope of application,
2.1
How is ‘public corruption’ or ‘bribery of a public official’ defined in the anti-corruption legislation?
 
India
No answer submitted for this question.
2.2
How is a ‘public official’ defined in the anti-corruption legislation? How is a ‘foreign public official’ defined?
 
India
No answer submitted for this question.
2.3
How is ‘private corruption’ or ‘bribery in the private sector’ defined in the anti-corruption legislation?
 
India
No answer submitted for this question.
2.4
How is ‘bribe’ defined in the anti-corruption legislation?
 
India
No answer submitted for this question.
2.5
What other criminal offences are identified and defined in the anti-corruption legislation?
 
India
No answer submitted for this question.
2.6
Can both individuals and companies be prosecuted under the anti-corruption legislation?
 
India
No answer submitted for this question.
2.7
Can foreign companies be prosecuted under the anti-corruption legislation?
 
India
No answer submitted for this question.
2.8
Does the anti-corruption legislation have extraterritorial reach?
 
India
No answer submitted for this question.
3.
Corruption and bribery
3.1
How are gifts, hospitality and expenses treated in your jurisdiction?
 
India
No answer submitted for this question.
3.2
How are facilitation payments treated in your jurisdiction?
 
India
No answer submitted for this question.
3.3
How is bribery through intermediaries and other third parties treated in your jurisdiction? Can those third parties be held liable?
 
India
No answer submitted for this question.
3.4
Can a company be held liable for bribery committed by management or other employees?
 
India
No answer submitted for this question.
3.5
Can a company be held liable for bribery committed by domestic or foreign subsidiaries?
 
India
No answer submitted for this question.
3.6
Post-merger or acquisition, can a successor company be held liable for bribery committed by legacy companies?
 
India
No answer submitted for this question.
4.
Compliance
4.1
Is implementing an anti-corruption compliance programme a regulatory requirement in your jurisdiction?
 
India
No answer submitted for this question.
4.2
What compliance best practices should a company implement to mitigate the risk of anti-corruption violations?
 
India
No answer submitted for this question.
4.3
Which books and records requirements have relevance in the anti-corruption context?
 
India
No answer submitted for this question.
4.4
Are companies obliged to report financial irregularities or actual or potential anti-corruption violations?
 
India
No answer submitted for this question.
4.5
Does failure to implement an adequate anti-corruption programme constitute a regulatory and/or criminal violation in your jurisdiction?
 
India
No answer submitted for this question.
5.
Enforcement
5.1
Can companies that voluntarily report anti-corruption violations or cooperate with investigations benefit from leniency in your jurisdiction?
 
India
No answer submitted for this question.
5.2
Can the existence of an anti-corruption compliance programme constitute a defence to charges of anti-corruption violations?
 
India
No answer submitted for this question.
5.3
What other defences are available to companies charged with anti-corruption violations?
 
India
No answer submitted for this question.
5.4
Can companies negotiate a pre-trial settlement through plea bargaining, settlement agreements or similar?
 
India
No answer submitted for this question.
5.5
What penalties can be imposed for violations of the anti-corruption legislation? Can non-exhaustive penalties be imposed for such violations (eg, exclusion from public procurement, exclusion from entitlement to public benefits or aid, disqualification from the practice of certain commercial activities, judicial winding up)?
 
India
No answer submitted for this question.
5.6
What is the statute of limitations to prosecute anti-corruption violations in your jurisdiction?
 
India
No answer submitted for this question.
6.
Trends and predictions
6.1
How would you describe the current anti-corruption enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
 
India
No answer submitted for this question.
7.
Tips and traps
7.1
What are your top tips for the smooth implementation of a robust anti-corruption compliance programme and what potential sticking points would you highlight?
 
India
No answer submitted for this question.