(1) Where an offence under this Act has been committed by a commercial organisation, such organisation shall be punishable with fine, if any person associated with the commercial organisation gives or promises to give an undue advantage to a public servant intending—
(a) to obtain or retain business for such commercial organisation; or
(b) to obtain or retain an advantage in the conduct of business for such commercial organisation:
Provided that it shall be a defence for the commercial organisation to prove that it had in place adequate procedures in compliance with such guidelines as may be prescribed to prevent persons associated with it from undertaking such conduct.
(2) For the purposes of this section, a person is associated with a commercial organisation if such person performs services for or on behalf of the commercial organisation.
Legal Commentary & Landmark Judgments: Section 9
Section 9 introduces corporate criminal liability, penalizing commercial organisations whose associated persons offer or give bribes to public servants to secure business advantages.
Section 9 introduces corporate bribery liability, penalizing commercial enterprises that offer illicit gratification to secure commercial advantage.
Section 9 mimics the UK Bribery Act's corporate liability regime. Companies can no longer disown corrupt employees or third-party contractors as rogue actors unless they prove the existence of robust, actively enforced anti-bribery compliance systems and internal controls.