Allegations of corruption in India’s trade system have come under sharp focus after import firm Wintrack accused Chennai Customs of demanding bribes.
The Finance Ministry has already ordered an official probe, but the matter has also raised a wider debate: if businesses are forced to pay bribes to get their consignments cleared, do they have the law on their side?
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Can they claim compensation? And how are they protected, given that paying a bribe itself is a crime under Indian law?
India Today spoke to legal experts that explained the legal position and how to navigate when faced with such a situation in detail.
COMPANIES CAN FILE CORRUPTION CASES
“If a business is forced to pay a bribe, it is not remediless,” said Tushar.
“It is a settled principle of law that any demand or acceptance of a pecuniary advantage by a public servant constitutes an offence under the Prevention of Corruption Act, 1988, as amended in 2018. Even the mere demand for a bribe, without actual receipt, is sufficient to attract penal liability.
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