Prevention of Corruption Act, 1988, Section 17A -- Provision of S.17-A of the Act is not applicable to cases of demand of illegal gratification...........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Central Government employees - State Police be it a regular police force or Special Police Establishment, can investigate offences of bribery and corruption against Central Government employees posted in State...........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Central Government employees - It is not only CBI who could have instituted the prosecution but also Anti Corruption Bureau of State has jurisdiction to register criminal case under the provisions of the Act...........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Offences under the Act are also cognizable and can therefore, be investigated by State Police or Vigilance and Anti-Corruption Bureau (VACB) - Only rider is that investigation can be done only by a police officer of rank specified in S.17 of the Act...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Complaint filed before Special Judge under Prevention of Corruption Act - Direction to police for investigation - Special Judge has no power to order an investigation u/s 156(3) Cr.P.C. - Impugned order set aside - Complainant relegated back to pre cognizance stage -..........
Prevention of Corruption Act, 1988, Section 7(a), 13(2) -- Illegal gratification - Non-pendency of work for which bribe was demanded would not be a ground to escape conviction...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Prevention of Corruption Act, 1988, Section 7A, 12, Bharatiya Nyaya Sanhita, 2023, Section 61(2), 238 -- Bail - Illegal gratification - Criminal conspiracy - Appellants have already been charge sheeted and are expected to co-operate with conduct of trial - Considering period of incarceration, bail granted...........
Prevention of Corruption Act, 1988, Section 19(3)(a) -- Sanction for prosecution - Validity - Accused cannot be discharged by High Court while going into issue of validity of sanction which is specifically prohibited u/s 19(3)(a) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Complainant himself had approached accused for seeking his help for a passport - Admittedly, out of Rs.1200 paid, Rs.1000 were towards passport fee and therefore was not bribe money - Demand for bribe is not supported by complainant and there was no reliable..........
Prevention of Corruption Act, 1988, Section 7A -- Offence u/s 7-A of the Act - Any individual, regardless of their position as a public servant or not, can be charged with an offence u/s 7-A of the Act, as long as allegation of inducement is evidenced as required by law...........
