October 15, 2025 10:20 am

Preliminary Inquiry Not Mandatory In All Corruption Cases: SC

Bysclaw

Mar 31, 2020

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By sclaw

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Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d), 13(2) read with Section 120B of Indian Penal Code, 1860 — Demand and acceptance of bribe — Essential to prove demand and acceptance by public servant — Mere acceptance of illegal gratification without demand is not an offence — Prosecution must prove foundational facts through oral or documentary evidence — Presumption under Section 20 is mandatory and subject to rebuttal; presumption of fact is discretionary — High Court erred in reversing acquittal based on inferences and conjectures, ignoring glaring contradictions in prosecution evidence.

Jul 20, 2025 sclaw

Acquittal Corruption

Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) r/w S. 13(2) a— Illegal gratification — Demand and Acceptance — Proof beyond reasonable doubt — Where prosecution case regarding demand and acceptance of bribe by public servant (Revenue Inspector) suffered from material contradictions and inconsistencies in evidence of complainant (PW1) and other prosecution witnesses (PW7) Minor discrepancies may not be fatal, but serious contradictions going to root of matter, rendering evidence untrustworthy, are grounds for acquittal.

May 13, 2025 sclaw

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Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw