Indian Penal Code, 1860, Section 109, Prevention of Corruption Act, 1988, Section 13(1)(e), 12 -- Abetment - Even a non public servant can be convicted u/s 109 IPC read with S.13(1)(e) of Act of 1988...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Offence u/s 8 of Act does not require accused himself to be a public servant - However, prosecution must establish that: (i) an undue advantage was given or promised; (ii) same was intended to induce or reward a public servant; and (iii) there existed an element of improper performance of public duty...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Though phenolphthalein test and recovery of tainted notes may create suspicion, they are not substitutes for substantive evidence of demand and acceptance...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance are sine qua non for proving an offence under the Act - However, in the absence of proof of demand, recovery alone is insufficient to convict an accused under the Act...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Demand and acceptance - Tehsildar on whose behalf alleged bribe was being demanded was not prosecuted due to want of sanction - This casts serious doubt on the narrative of prosecution regarding appellant acting as a conduit for a public servant - Complainant turned hostile and did not support case of..........
Indian Penal Code, 1860, Section 120, 420, Prevention of Corruption Act, 1988, Section 13(1)(d), Prevention of Money Laundering Act, 2002, Section 44(1)(b) -- Whether, at the stage of considering the prayer for bail, the accused, by invoking Section 91 of the CrPC (Section 94 of the BNSS), can apply to get the documents produced - For discharging the burden under Section..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand and acceptance - Star witness/complainant stated that accused used to trouble her, humiliate her and not grant her leaves, but she nowhere stated that there was any demand of money as bribe which is the most essential ingredients for conviction for an offence u/ss 7, 13(2) of the Act -..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - There is a legal impediment to prosecute a public servant for corruption, if there is no sanction...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Merely because there is any omission, error or irregularity in the matter of granting sanction, that does not affect validity of proceedings unless Court records its own satisfaction that such error, omission or irregularity has resulted in a failure of justice...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - If a draft order is placed before sanctioning authority and he is satisfied that nothing needs to be added/deleted therefrom, grant of sanction cannot be faulted merely on the ground of absence of addition of words or deletion of words from the draft...........
