Skip to main content

India among 19 worst countries 'failing' to criminalise bribery of foreign officials: Study

Counterview Desk

A new report, “Exporting Corruption”, published by Berlin-based non-profit Transparency International, regrets that although India has been a party to the UN Convention against Corruption since 2011, it has yet to meet the Article 16 obligations to define and criminalise foreign bribery, adding, the country’s legal framework suffers from shortcomings which affect its capacity to prevent and prosecute foreign bribery.
Pointing out that corruption has different facets along with normal “give and take”, with bribery of foreign public officials being regarded as an emerging form of corruption across the globe, the report brackets India’s inaction against foreign bribery and related money laundering with that of China and Hong Kong special administrative region (SAR), pointing out India is in category of Little or no Enforcement.
Other highlights of the report include, In the period 2016-2019, India initiated no investigations of foreign bribery, commenced no cases and concluded no cases, pointing out, India has been placed in the worst bracket of Little or No Enforcement along with 19 others countries which contribute 36.5% of the total global export.

A note by NGO Agam on the report:

A new study by Transparency International published on October 13, 2020 rates 47 countries on how actively they fulfil their obligation to investigate, prosecute and punish companies that bribe officials in foreign countries.
The report, “Exporting Corruption 2020”, evaluates signatories to the OECD Anti-Bribery Convention as well as China, the world’s biggest exporter, and India, Singapore and Hong Kong, large export markets which are not signatories to the OECD Convention but are parties to the UN Convention against Corruption. In total, the countries and territories reviewed are responsible for more than 80 per cent of world exports.
The report features country briefs on each of the jurisdictions covered and makes specific recommendations to governments and the international community for improving enforcement.
The Indian government does not publish any statistics on its foreign bribery enforcement and does not disclose such statistics on request. The authorities do not disclose any information about unpublished cases related to bribery of foreign public officials by Indians.
India even after several anti-corruption development i.e. appointment of the first Lokpal (Ombudsman), Amendments to the Prevention of Corruption Act, The Companies (Amendment) Act, 2017, The Whistleblowers Protection Act 2014 and many more, failed to implement active enforcement. India still has a long way to go in meeting their obligations. Despite of several scandals India has experienced, bribery continues to be used by companies from major exporting countries to win business in foreign markets.
Corruption in international business transactions undermines government institutions, misdirects public resources, and slows economic and social development. It distorts cross-border investment, deters fair competition in international trade and discriminates against small and medium-sized enterprises.
As foreign bribery is not yet criminalised in India, the adequacy of the enforcement system in relation to this specific offence cannot be assessed. However, certain shortcomings in the enforcement system evident from current enforcement of domestic corruption, would also be a concern for foreign bribery enforcement. While the Indian Penal Code and Prevention of Corruption Act prescribe criminal and civil liability for domestic corruption, the reality is that actions taken against the perpetrators have been far and few in between.
There are multiple agencies in India involved in investigation of cases related to corruption, fraud etc.and coordination among agencies is seen as the biggest challenge in timely prosecution of the offenders.
The high-profile investigations get delayed due to political interreferences. The Indian investigating agencies are short staff and many of them lack skills to investigate white collar crime and other economic offences. The investigation of transnational crimes especially those linked with corruption, money laundering are delayed due to lack of timely coordination with foreign investigating agencies, it has been area of concern for long and has been unaddressed till date.
Recommendation for priority actions:
  • Publish statistics and court decisions on enforcement against corruption.
  • Introduce a public register of beneficial ownership. 
  • Pass legislation criminalising foreign bribery. 
  • Sign and ratify the OECD Anti-Corruption Convention. 
  • Extend coverage of whistleblower protection to the private sector. 
  • Pending legislation on foreign bribery, enforce against foreign bribery to the extent possible under existing legislation. 
  • Ensure better coordination among various investigation agencies. 
  • Enhance cooperation and information sharing with investigating agencies of other countries. 
  • Invest in training and capacity building of investigators and prosecutors. 
  • Engage with CSOs to raise awareness about corruption and whistleblowing. 
  • Publish an annual overview detailing reported cases of foreign bribery and action taken by the authorities. 
“Although India has been a party to the UN Convention against Corruption since 2011, it has yet to meet the Article 16 obligations to define and criminalise foreign bribery and the legal framework suffers from other shortcomings which affect India’s capacity to prevent and prosecute foreign bribery” says Ashutosh Kumar Mishra, lawyer, senior advisor at Agam and partners for Transparency Foundation India.

Comments

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.

Gender violence defies stringent laws: The need for robust social capital

By Dr. Manoj Kumar Mishra*  The tragic death of Miss Soumyashree Bisi, a 20-year-old student from Fakir Mohan College, Balasore, who reportedly self-immolated due to harassment, shocked the conscience of Odisha. Even before the public could process this horrifying event, another harrowing case emerged—a 15-year-old girl from Balanga, Puri, was allegedly set ablaze by miscreants. These incidents are not isolated; they highlight a disturbing pattern of rising gender-based violence across the state and the country.