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The Constitution of Nepal has empowered CIAA to investigate and probe cases against the persons holding any public office and their associates who are alleged to indulge in the abuse of authority by way of corruption. [1] As a constitutional body, the authority vested on CIAA are as per the Article 238 and 239 of the Constitution of Nepal. [2]
The Prevention of Corruption Act 1916 (6 & 7 Geo. 5. c. 64) The Prevention of Corruption Acts 1889 to 1916 is the collective title of the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916. [1] These Acts were repealed by Schedule 2 of the Bribery Act 2010. [2]
Transparency International's 2023 Corruption Perceptions Index, which scored 180 countries on a scale from 0 ("highly corrupt") to 100 ("very clean"), gave Nepal a score of 35. When ranked by score, Nepal ranked 108th among the 180 countries in the Index, where the country ranked first is perceived to have the most honest public sector. [2]
The offense of criminal misconduct specified in section 13 of the Prevention of Corruption Act, is being substituted by a new section restricting the criminal misconduct to dishonest or fraudulent misappropriation of any property entrusted to the public servant or if the public servant intentionally enriches himself illicitly during the period ...
Additionally, while the international instruments only take into account the enrichment of ‘public officials’ or ‘government officials’, many countries take a much broader interpretation in their own laws and define illicit enrichment as an act that can be committed by ‘any person’ (e.g. Rwanda).
The United Nations Convention Against Corruption (UNCAC) is the only legally binding international anti-corruption multilateral treaty. Negotiated by member states of the United Nations (UN) it was adopted by the UN General Assembly in October 2003 and entered into force in December 2005.
Jayalalithaa was sentenced to four years simple imprisonment under the Prevention of Corruption Act and fined ₹ 100 crores, which would be set-off against the confiscated properties. The three co-accused were all sentenced to four years simple imprisonment and fined ₹ 10 crores each.
Another sphere for engagement of civil society is the prevention by educating about the negative consequences of corruption and a strengthening of ethical values opposing corruption. Framing corruption as a moral issue used to be the predominant way of fighting it but lost importance in the 20th century as other approaches became more influential.