ARTICLE
9 November 2022

Anti-Bribery And Corruption In Defence Procurement: Risks And Mitigation Measures

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BTG Advaya

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BTG Legal is an Indian law firm with particular focus on: defence; industrials; digital business; energy (renewables and nuclear); retail; transport (railways and electric vehicles); and financial services. Practices include corporate transactions, commercial contracting, public procurement, private equity, regulatory compliance, employment, disputes and white-collar crime.
The defence sector the world over struggles to find a balance between the secrecy linked to national security considerations and transparent oversight/accountability.
India Criminal Law
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The defence sector the world over struggles to find a balance between the secrecy linked to national security considerations and transparent oversight/accountability. Complex technical and commercial deal structures, exacerbated by high value stakes, make the procurement process susceptible to influence peddling and corruption.

The Indian defence sector is no stranger to corruption-related procurement controversies. Corruption under Indian laws is benchmarked against the concept of "undue influence", which is interpreted widely and includes both monetary and non-monetary bribes/influence.

The Indian government has adopted a zero-tolerance policy against bribery, and any allegation will attract investigations against the accused.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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