April 26, 2026 3:17 pm

Preliminary Inquiry Not Mandatory In All Corruption Cases: SC

Bysclaw

Mar 31, 2020

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Prevention of Corruption Act, 1988 — Sections 7 and 13(1)(d) read with 13(2) — Demand and Acceptance of Bribe — Ingredients for establishing guilt of public servant under Section 7 and 13(1)(d) include proof of demand and acceptance of illegal gratification, which are sine qua non — While acceptance of bribe was admitted, the proof of demand was the crucial aspect in this case.

Apr 16, 2026 sclaw

Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.

Apr 15, 2026 sclaw

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

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