April 4, 2026 10:28 pm

Sanction for prosecution–Defective sanction–Acquittal not justified.

Bysclaw

Apr 22, 2017

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Prevention of Corruption Act, 1988 read with Bihar Special Courts Act, 2009 (BSCA) — Confiscation proceedings against family members of a deceased public servant — Death of the public servant during pendency of appeal — Whether confiscation proceedings can continue against the family members — Held, the BSCA provides for specific circumstances for return of confiscated property, namely, modification/annulment by High Court or acquittal by Special Court — The Act does not provide for abatement of proceedings upon death of the public servant, especially when family members were also put to notice — proceedings against family members cannot be automatically set aside due to the death of the public servant, and appeals should be decided on merits.

Mar 22, 2026 sclaw

Prevention of Corruption Act, 1988 — Section 7 — Demand and acceptance of bribe — Complainant’s testimony regarding demand by accused (A2) on a specific date was clear and corroborated by other witnesses — Pre-trap proceedings were also established — Recovery of marked notes from A2’s person and hand wash turning pink confirmed the trap — Despite inconsistencies in complainant’s testimony regarding earlier demands, the demand on the crucial date was credible — Independent witnesses corroborated the trap, with one identifying A2 and the other recovering the bribe money — Acquittal of A2 set aside, conviction under Section 7 of PC Act restored with modified sentence and fine.

Mar 15, 2026 sclaw

Prevention of Corruption Act, 1988 (PC Act) — Sections 7 and 13(2) — Appeal against conviction and sentence — Supreme Court upheld the concurrent findings of the Trial Court and High Court regarding the guilt of the appellant based on ocular evidence and corroboration from independent witnesses — No error found in appreciating the evidence or in rejecting the defence submissions regarding motive, contradictions, and the trustworthiness of witnesses — Appeal dismissed concerning conviction.

Mar 15, 2026 sclaw

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