Prevention of Corruption Act, 1988, Section 8, 9 -- Illegal gratification - Offence u/ss 8 & 9 of the Act can be committed by any person for himself or on behalf of any person, even without the knowledge and consent of concerned public servant...........
Prevention of Corruption Act, 1988, Section 8, 9 -- Illegal gratification - In order to invite an offence u/ss 8, 9 of the Act, gratification need not be obtained or shared by public servant concerned - It is also not required that prosecution should establish that person accepting gratification has somehow prevailed upon the concerned public servant...........
Prevention of Corruption Act, 1988, Section 10, 8, 9 -- Abetment of offence u/ss 8, 9 of the Act by public servant - Public servant need not necessarily be a co-accused - He could be made a co-accused only with the aid of Ss.8, 9 of the Act when illegal gratification was obtained or attempted to be obtained with his knowledge or consent, or with the aid of S.10 of the Act,..........
Prevention of Corruption Act, 1988, Section 8, 9, 12 -- Illegal gratification - Private person can independently be proceeded against for an offence u/ss 8, 9, 12 of the Act, without the junction of a public servant as co-accused...........
Prevention of Corruption Act, 1988, Section 8, 9 -- Illegal gratification - Where gratification was obtained by a person styling it as one for handing over to public servant, without his knowledge and consent, his name and official position use of by such person pretending that he had influence over public servant, such public servant only becomes a victim of an offence -..........
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Magistrate is duly empowered to grant tender of pardon even in respect of cases which are triable by Session judge or by Special Judge - Even if it is presumed that Magistrate is not empowered to grant pardon, it is merely an..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii) -- Illegal gratification - Ingredients required to be proved are: (i) public servant has abused his position; (ii) by abusing that position, he has obtained for himself or for any other person any valuable thing or pecuniary advantage...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii) -- Illegal gratification - Prosecution attempted to bring the case u/s 13(1)(d)(ii) of Act - However, prosecution failed to satisfy the mandatory ingredients which could implicate the accused under the said provision, as it was not the case set up by prosecution that accused had taken money from some person and had..........
Indian Penal Code, 1860, Section 420, 409, 468, 471, Prevention of Corruption Act, 1947, Section 5, 11 -- Cheating - Allegation against accused that he has fraudulently withdrawn money from account of complainant/account holder - However, PWs who were merely bank employees have not stated anything against accused which may prove the charge against him - No other evidence..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Mere recovery of tainted money divorced from the circumstances under which it is paid, is not sufficient to convict the accused...........
