Revisiting gift policy: Key lessons to keep in mind

By Kunal Gupta, Cyril Amarchand Mangaldas
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A gift policy typically lays out to employees an organization’s overall guidelines as far as receiving or giving gifts is concerned and provides guidance on the nature and monetary limits of permissible gifts. In India, where giving and receiving gifts is part of the culture, it is almost imperative for a company to revisit its gift policy from time to time.

Kunal GuptaPartnerCyril Amarchand Mangaldas
Kunal Gupta
Partner
Cyril Amarchand Mangaldas

Legally, the framework for giving and receiving of gifts is defined by the Prevention of Corruption Act, 1988 (PCA). In addition, at several levels, there are conduct rules for public officials, which, depending on the official, would define the situations and limits within which they can accept a gift.

Since a gift can often be confused with a bribe, the gift policy of any organization operating in India should be in line with the PCA’s provisions to ensure that under the law, the gift will not be regarded as a bribe. The most important factor in separating a gift from a bribe as far as the PCA is concerned is whether the gift was made with an expectation of a quid pro quo.

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Cyril Amarchand Mangaldas is India’s largest full-service law firm. Kunal Gupta is a partner and the head of white collar investigations at the firm.

Peninsula Chambers,

Peninsula Corporate Park,

Lower Parel, Mumbai – 400 013 India

New Delhi | Bengaluru | Hyderabad |

Chennai | Ahmedabad

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Tel: +91 22 2496 4455

Fax: +91 22 2496 3666

Email: cam.mumbai@cyrilshroff.com

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