TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 143

0003230

G.F. 323

CONFIDENTIAL

Giver and acceptor of bribe to be guilty notwithstanding that purpose not carried out, etc.

10

11.

(1) If, in any proceedings for an offence under any

section in this Part, it is proved that the accused accepted

any advantage, believing or suspecting or having grounds to

believe or suspect that the advantage was given as an inducement

to or reward for or otherwise on account of his doing or forbearing

to do, or having done or forborne to do, any act referred to in

that section, it shall be no defence that

(a)

he did not actually have the power, right or

opportunity so to do or forbear;

(b) he accepted the advantage without intending so to do

or forbear; or

(c)

he did not in fact so do or forbear.

(2)

If, in any proceedings for an offence under any section

in this Part, it is proved that the accused offered any advantage

to any other person as an inducement to or reward for or otherwise

on account of that other person's doing or forbearing to do, or

having done or forborne to do, any act referred to in that section,

believing or suspecting or having reason to believe or suspect

that such other person had the power, right or opportunity so to

do or forbear, it shall be no defence that such other person

had no such power, right or opportunity.

Penalty for

offence.

12.

be liable

Any person guilty of an offence under this Part shall

(a)

on conviction on indictment

A

CONFIDENTIAL