Why Not Corrupted Public Servant Deserves Capital Punishment?

For those who commit acts of corruption, Indian law has certain sentencing guidelines. In India, corruption is a crime that carries both jail time and financial penalties. The specific sanctions for corruption vary according to the crime's type and extent as well as the particular laws that were broken.

The Prevention of Corruption Act of 1988 makes it illegal to take or give bribes, use one's position as a public worker improperly for personal advantage, or engage in corrupt activities like fraud or embezzlement. Up to seven years in prison and fines are possible penalties for offenders. Individuals and organizations found convicted of corruption can be subject to civil fines, such as restitution of earnings or damages, in addition to criminal punishments.

Corruption: Not a Capital Punishment

There are a number of reasons why corruption trials cannot result in the capital punishment. They are as follows-

Law is Biased- With the aid of the officials; the lawmakers in the Parliament make the legislation. They are thought to be the most corrupt people in India.
Ineffectiveness- In real-life instances of corruption, the death penalty is ineffective. Although China has a death penalty for cases of corruption, it is an even more corrupt country than India.
Only Stick Is Ineffective- The carrot-and-stick approach to administration is the most successful. It indicates rewarding good efforts and punishing bad. Your promotions and pay are determined under the current government system based on your seniority or caste. Excellent officers are not given an extra rise or promotion out of turn. Government officials would stop functioning or making difficult judgments if you imposed harsh penalties. The government might come to a halt as a result.
Abuse of the Law- Every Legislation has room for abuse. The likelihood of abuse increases with the severity of the law. Let's assume that, as a trustworthy officer, you won't act improperly. Someone only needs to hide a few thousand rupees at your house or office to execute you. A government official can be fixed far more easily than you might imagine.

We must keep in mind that courts must adhere to very strict rules of proof before imposing the death penalty. Evidence in situations of corruption is typically indirect. Therefore, if we impose the death penalty for corruption, the majority of the offenders will escape punishment due to a lack of direct evidence.

The use of capital punishment won't stop corruption. India has the strictest anti-corruption laws at the moment. You can avoid all penalties for evading 100 crores in tax on income or the excise/service tax by paying a modest penalty. However, if a public servant is discovered to be accepting even a single rupee in a bribe, he may be detained and fired.

The enforcement of the law is the main obstacle. The assistance of the public is crucial for this goal. The majority of people would rather pay a bribe since they personally benefit from the system than protest about the corrupt officials. Therefore, without the participation and active cooperation of the citizens, you cannot eradicate corruption through harsh punishment i.e. capital punishment alone.

Role of Lawyers

Charges stemming from an alleged act of bribery may be brought in various kinds of courts, and any testimony or evidence presented in one court may be used on you in another. Consequently, a planned and futuristic defense strategy needs to be created.

To begin criminal prosecution or other legal actions in the same way, an investigation agency must first obtain authorization from the state or federal government. In actuality, government-chosen prosecutors handle court cases. All proceedings under the Prevention of Corruption Act are initially handled by special judges who are appointed by the state or federal governments.

You will need the help of lawyers to save you from corruption cases and lessen your punishment for it. If you need the help of lawyers to help you lessen your punishment in a corruption case in Gurgaon, then Criminal Lawyer In Gurgaon can be hired. Similarly, Criminal Lawyers In Delhi can be employed if you need the help of lawyers to help you lessen your punishment in a corruption case in Delhi.

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