UK Bribery Act and Indian anti-corruption alignment for UK companies in India.
A British company operating in India sits under two anti-corruption regimes at once: the UK Bribery Act 2010, which applies extraterritorially to its India conduct, and the Prevention of Corruption Act 1988 (as amended in 2018), which for the first time makes the bribe-giver — including a commercial organisation — directly liable. The two regimes are close but not identical on facilitation payments, hospitality and third-party liability, and a single compliance programme must satisfy both.
AMLEGALS designs and tests the India anti-corruption programme for British groups — risk assessment, third-party due diligence, gifts and hospitality rules, books-and-records controls, training and investigations — mapped to both the UK Bribery Act 2010 and Indian law. Where an issue arises, we conduct privileged internal investigations and manage remediation and any regulatory exposure.
Mapping bribery and corruption risk across the British group’s India operations, agents and touchpoints with officials.
Building risk-based due diligence for agents, distributors, consultants and joint-venture partners in India.
Drafting gifts, hospitality, facilitation-payment and conflicts policies aligned to both the UK Bribery Act 2010 and the Prevention of Corruption Act 1988.
Implementing accounting and internal controls that satisfy the books-and-records expectations of the UK Bribery Act 2010.
Delivering India-specific training and certification for staff and intermediaries.
Conducting privileged investigations into suspected violations and managing remediation and disclosure.
Yes. the UK Bribery Act 2010 applies extraterritorially to the India conduct of a British company and its subsidiaries, agents and employees. Payments or benefits to Indian public officials to obtain or retain business can trigger liability at home even if the conduct occurs entirely in India.
The Prevention of Corruption Act 1988, as amended in 2018, criminalises both taking and giving bribes and makes commercial organisations liable for bribes given by persons associated with them, with an adequate-procedures defence. This mirrors the structure of the UK Bribery Act and makes a documented compliance programme essential.
No. Unlike the limited FCPA exception for certain facilitation payments, Indian law and the UK Bribery Act do not permit facilitation payments. A British group should prohibit them outright in its India programme to remain compliant across all applicable regimes.
Through risk-based due diligence on agents, distributors and partners, contractual anti-corruption representations and audit rights, and ongoing monitoring. Third parties are the most common source of exposure, so the programme must extend to them, not just employees.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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