Lok Sabha passes bill to protect babus post retirement

NEW DELHI: Retired and serving bureaucrats got a protective umbrella of a ‘prior approval from government’ before probe agencies can question their decisions in service as Parliament on Tuesday finally passed amendments to Prevention of Corruption Act, 1988.

The contentious Section 19 of the old Act now stands amended saying criminal misconduct means “intentional illicit enrichment” and possession of “disproportionate assets” —essentially makes 'mens rea' (presence of intention and enrichment) an essential prerequisite to prove corruption.

A new Section 17A has been added which says no inquiry will done without “previous approval” of government if the serving or retired official took a decision or made a recommendation in discharge of his official duties or duties. “PC Act amendment is a landmark decision.


A public servant can now take bona fide decision without any fear. Earlier, even if no pecuniary benefit is received by a public servant, he/she could still be penalised. This is a game changer as only malafide decisions would now be punished.

PC Act amendment would ensure that public servants now take up the challenge of development with risks in a bold manner. Amended section 13 of PC Act is crisp and unambiguous instead of being long worded as was the case earlier.

Criminal misconduct has been very clearly defined. The abuse of PC Act Section 13(1) (d) (iii) had hurt many well intentioned public servants whose decisions granting relief to any private person were questioned even if there was no pecuniary advantage...,” NITI Aayog CEO Amitabh Kant said in a tweet.