Bribery is an unlawful but common practice prevalent around the world. While some countries see greater number of bribery cases others have lesser cases. It has often been debated as to who is responsible for bribe – giver or taker. While there is no set answer to it, in most cases both the parties are equally responsible as both of them benefit from this transaction.
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A bribe is usually given to get a work done easily and quickly. A bribe giver may pay a bribe taker in cash or kind. Bribery can be given in the form of direct cash, perks, discounts, free travel, free food, funding, sponsorship, high paying job, promotion at work, salary raise, profitable contract, commission, tip, property, jewellery, valuable goods, stocks, or just about anything. A bribe taker sees it as a chance to make money without making much effort. Bribe givers as well as bribe takers mutually benefit in the event.
The practice of bribery has been going on since years. The question whether it is the giver who is responsible for bribery or the taker has also bogged the mind of people since ages. Both the bribe giver and bribe taker are responsible for this malpractice in most of the case.
However, in certain cases, innocent people are denied their basic rights by those in power. Corrupt officials demand money or other favours from them in exchange of things and services they are entitled to by the law. In such cases, the bribe taker is clearly the one responsible for bribery.
However, not just the bribe taker or giver, it can be said that the entire system is at fault. The system is responsible for bribery more than the bribe giver or taker. Each bribery case should be scrutinized and severe punishment should be given to the party at fault.
Introduction
Bribery is a heinous practice. It puts the rich people in a place of authority and causes suffering to the poor. Bribe givers usually take the path of bribery when they find it difficult to get an important task accomplished by other means. Bribe takers, on the other hand, take advantage of the situation and see it as an easy opportunity to juggle money.
Bribe Takers Considered Responsible for Bribery
Bribe takers are usually considered responsible for bribery. A person who has decided to take bribe, owing to any reason, cannot be considered as the victim by any means. He may have been given a lucrative proposal by the bribe giver without even asking for it. But if he agrees to accept it and provide an illegal or even legal service in exchange of it he is accountable for bribery.
However, to say that bribe takers are the only ones to be blamed for bribery would be wrong. Bribe givers get their tasks done in exchange of the bribe and are thus as much responsible. However, the case is different in coercive bribery. In such cases, bribe takers are considered responsible for bribery and strict action is taken against them if the potential bribe giver turns down their advances and files a legal complaint.
Bribe Giving and Bribe Taking: A Vicious Cycle
It is often said that if there are no bribe givers then there can practically be no bribe takers. This is indeed true. If no one is ready to give bribe then no one shall be able to take it. However, it can also be said that if no one demands bribe then no one will give it. Or if people stop taking bribe and reject it outright then bribe giving will automatically stop. So, it is a vicious cycle. Putting blame on the other is the easiest thing to do while in reality both are equally responsible for this ongoing practice.
Conclusion
A strict legal system should be put in place to stop the atrocious cycle of giving and taking bribe. People indulging in the practice should be punished severely.
Introduction
A bribe giver is a person who offers/ gives money or other valuables to a person in power in order to get some work done. The work the bribe giver wants to get done is usually illegal. Or the legal course may be quite lengthy and tedious so he offers bribe to save himself from the hassle. A bribe taker is a person who demands/ takes money or other valuables in exchange of rendering a service or clearing some issue. This is an opportunity for him to make quick money.
Punishment for Bribe Giver and Bribe Taker
Bribery is an extremely corrupt practice. Bribe givers as well as bribe takers are punishable as per the Indian law. A person who facilitates bribery acting as the middle man between the bribe giver and bribe taker is also punished. The Indian Penal Code of 1960 and the Prevention of Corruption Act, 1988 have termed the acts of giving and receiving bribe as punishable offences.
Earlier, the Indian law did not consider a bribe giver as big an offender as the bribe taker. However, the law was amended as per the Prevention of Corruption (Amendment) Bill 2018. The acts of bribe giving and receiving are now considered as equal offences. The punishment for giving as well as taking bribe has also been raised henceforth. A person found guilty of bribery can be imprisoned and charged with heavy penalties.
Conclusion
It is important to punish both bribe takers and bribe givers in order to stop this corrupt practice. The decision of punishing both the parties has brought down the cases of bribery to some extent.
Introduction
Bribery is the act of demanding, offering giving or receiving something valuable in exchange of providing some kind of service (mostly unlawful). It has often been debated as to who is at fault – bribe giver or bribe taker.
While in the current times, the law has established that both bribe givers and bribe takers are at equal faults, it is difficult to generalize this. It is correct to say that both the parties are at fault as both giving and taking bribery gives rise to this corrupt practice. However, in some cases the giver is at greater fault while in others it is the receiver who is more at fault. So, the question as to who is at fault varies from case to case.
Cases where the Bribe Taker is at Greater Fault
There may be cases where the prospective bribe giver has spent a lot of time, money and effort on a project which is not getting approved. While the approval process is simple, the government authorities are still not approving it. The government officials employed at the lower level, middle level as well as higher levels are barring the approval of the project even though it has the potential to get approved. They won’t approve the project as it seems like a good opportunity for them to juggle easy money.
The potential bribe giver who has already spent a lot of time and money building his project does not have more money and patience to fight a case against the government authorities. He also fears that he may lose the case as the government officials at higher level are in a more powerful position compared to him. In order to save himself from all the stress, he chooses the easier way and that is to give bribe to the officials and get his job done. In this type of case, the bribe takers are at greater fault than the bribe givers.
Cases where the Bribe Giver is at Greater Fault
There may be cases where in a person is not willing to take bribe but he is threatened to render a service or give clean chit on some issue in exchange of monetary benefit. While the potential bribe receiver may still say no to bribe and report the case to the police, he often ends up taking the bribe in exchange of the service provided as it seems to be a lucrative option.
The service provided is often unlawful and thus the person providing the service is as much at fault as the receiver. However, he often does this to steer clear from the risk he may face on denying to provide the service. In this case, we can say that the bribe giver is at a greater fault comparatively as he drives the receiver in this situation by threatening him. Though, the bribe taker cannot be called an out and out victim.
Conclusion
So, there is no one particular answer to who is at greater faults when it comes to bribe giving and bribe taking. Sometimes, it is the bribe giver and at other times it is the bribe taker. However, there are many cases, in which the bribe givers and bribe takers are equally at fault as they both see it as an easy option.
Introduction
Bribery is one of the most corrupt practices that grip our country. Each one of us has been guilty of bribing someone at some point or the other. It may be something as small as bribing our sibling to hide something from our parents or not-so-small as bribing a traffic police official to steer clear of the fine levied for violating a traffic rule.
Offering bribe is seen as an easy way to get big tasks done with ease. Seeking bribe, on the other hand, is an easy way to make money. Bribe givers and bribe takers further their ulterior motives as they indulge in this practice. However, they do not understand the harm they are causing to the society as a whole.
Two Types of Bribery
Bribery has been categorized into two types – Collusive bribery and Coercive bribery. Here is a brief about both these types of bribery:
Collusive Bribery: Collusive bribery is one in which both the parties agree on bribery for mutual benefit. Both the bribe giver and bribe taker are held equally responsible for the act of bribery in such a case. Both of them are punished by the Indian law in this case.
Coercive Bribery: Coercive bribery is one in which the bribe giver is forced to pay the bribe taker in exchange of some service, approval or any other work which he is lawfully entitled to. In such a case, the bribe taker is responsible for the act of bribery. He usually threatens and harasses the potential bribe giver to pay him in cash or kind. The bribe giver is deemed a victim in this case rather than an offender. Legal action is taken against the bribe taker if a report is registered against him.
The Problem of Bribery in India
The practice of bribery is deeply rooted in India. It has been prevalent since centuries. This practice was present during the era of the kings and queens and did not stop during the British reign. Post independence, it has only aggravated even though several laws have been established to discourage it.
Bribery and various other corrupt practices that engulf our country are a hindrance in its economic growth. Bribery is prevalent in almost all the sectors of the society. It occurs at various levels and most of the times the entire system is involved in it. The bribe givers and bribe takers benefit mutually with their collaboration and overlook the negative impact it has on others. Both are equally responsible for the act and must be punished.
Even though strict laws have been passed to create fear among the masses, this practice is still prevalent in the country. While both the offenders should be punished, in many cases they easily get away with this crime. Ironically, many are able to bail themselves out by bribing the government officials. So, the problem lies at the heart of the system.
Bribery is Prevalent around the World
Bribery is not just prevalent in India it exists in various other parts of the world as well. The government officials and public servants who demand bribe often put the blame on their low salary packages. They try to make some side income by demanding bribery. Bribe givers meet their demands just to get their work done smoothly.
So, both of them are at fault. Some of the countries where the practice of bribery is common are Ukraine, South Sudan, Yemen, Morocco, DR Congo, Mongolia, Pakistan, Bangladesh, Myanmar, Afghanistan, Iraq, Nigeria and Tajikistan. Various other corrupt services also take place in these countries. This is one of the major reasons why these countries aren’t growing at a good pace.
Conclusion
Merely implementing laws against bribe givers and bribe takers is not enough. It is essential to enforce these laws strictly and punish everyone involved in the same in order to overcome this problem.
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