Prevention of Corruption Act · 2019 Revised Edition · Part · Evidence
26. Evidence of custom inadmissible
Official textFrom Attorney General's Chambers, unchanged
In any civil or criminal proceedings under this Act, evidence shall not be admissible to show that any such gratification as is mentioned in this
gratification
“gratification” includes — (a) money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph; (g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (h) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
Act is customary in any profession, trade, vocation or calling.
Terms defined in s 2
gratification
Defined · s 2“gratification” includes — (a) money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph; (g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (h) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
Part