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CHAPTER-I

PRELIMINARY

Section 1—Short Title and Extent	1
Appellate Judge—Duties of	28
Applicability of Statute for Freezing of Bank Account	15
Corruption in India has become deep-rooted and is galloping unchecked and unhindered- Corruption in present-day India pervades all levels and all services.	14, 23
Corruption in our society not only poses a grave danger to the concept of constitutional governance but it also threatens the very foundation of Indian democracy and Rule of Law	12, 21
Criminal proceeding against corruption is not a proceeding for private grievance but it is a proceeding initiated for the purpose of punishment of the offender in the interest of the society	13, 21
Delays in prosecuting the corrupt, breeds a culture of impunity and leads to systemic resignation to the existence of corruption in public life	15, 23
Fair Trial – Long drawn investigation rig marole trials adversely affects right to fair trial	13, 22
FIR- Preliminary enquiry should be made in matrimonial disputes/family dispute, commercial officers, medical negligence	18, 27
Ground for necessity of Conducting and Concluding Criminal Trial Relating to Offences under Statute	2
Ground for suspension of Sentence of Imprisonment by Superior Court Connected with Offence Under Statute	15
Historically corruption is a disquiet disease for healthy governance	17, 26
Interlocutory order and thus revision is not maintainable	22
Object and scope of the Act was intended to make Anti-corruption law more effective by widening its coverage	15, 24
Object of P.C. Act	2
Order framing; charges U/s 19 (3),(c) of P.C. Act in an Interlocutory order and revision petition is not maintainable	14
Preliminary enquiry is not must in all cases – Lalita Kumari case does not state that proceedings cannot be initiated against an accused without conducting a preliminary enquiry	18, 26
Preliminary inquiry becomes indispensable in a complaint of acquisition of disproportionate assets not only to safeguard interest of accused public servant, if such complaint were lodged with some malice, but also to appropriately assess quantum of disproportionate assets should there be some substance in complaint	19
Preliminary inquiry or probe becomes indispensable in a complaint of acquisition of disproportionate assets not only to safeguard interest of accused public servant,	27
Procedural delays and Technicalities- Procedural delays and technicalities of law should not be permitted to defeat the object	2, 20
Proceeding should not be ordinarily squashed	1, 20
Quashing of criminal proceeding on ground of onordinate delay caused entirely due to default of prosecution and no explanation of delay given by prosecution; By itself, defeatsright of accused to speedy trial as enshrined under Article 21 of Constitution – Order of quashing passed by High court not liable to be interfered	17
Quashing of proceeding on ground of delay of trial; Charge-sheet filed after lapse of nine years from the date of committal of case	25
Registration of a regular case can have disastrous consequences for the career of an officer if allegations ultimately turn to be false	18, 26
Right of private citizen to file a complaint against corrupt public servant must be equated with his right to access the court to set the law into motion—This right of access constitutional right, should not be burdened with unreasonable fetters	21
Right to fair trial and when application supported by document seeking further investigation has been filed by the accused, it cannot be rejected by special judge	14, 23
Special Judge rejected prayer for joint trial—Discretion of Special Judge	28
Speedy trial –Delay in trial and more than 13 years had elapsed since institution of FIR – Application for quashing was rejected on ground that delay was due to fact that there was only one court of C.B.I	16, 24
Supreme Court issued guidelines in addition to proposition laid down	16, 24
Right of private citizen to file a complaint, public office must be equated with his right to access the court to set the law into motion this right of access a constitutional right, should not be burdened with unreasonable falters	12

Section 2—Definitions	29
Criminal misconduct is committed by an accused	40
M.L.A. is included in the definition of “public servant” since he holds “office” and performs “public duty”- Prosecution servant is not necessary, though he is a public servant	38
Office bearer of Co-operative Society is a ‘public servant’	40
Order of High Court that alleged offence is triable only by Special Judge in view of section 4 of 1988 Act is erroneous	34
Persons employed in Co-operative Society are ‘public servants’ within meaning of section 2 of the Act of 1988	39
Public duty- Discharge of duty in which the state, the public or the community at large has an interest, comes within expression of “public duty”-	40
Public Servant— ‘Licensed surveyor’ appointed under the State is public servant	39
Public Servant- Accused furnished memo clarifying that union where he worked was not Government body and it is merely Co-operative Society established under mutually aided Co-operative societies Act	36
Public Servant- Person running a coaching centre does hold a post which required him to perform public duty and thus does not fall within meaning of section 2(c)(viii) and hence accused not liable to be prosecuted under Section 13(2) of the P.C. Act	32
Public servant- The trustees of Deemed University against whom crime relating to corruption is registered, cannot be excluded from definition of ‘public servant’ under section 2(c) of Act, as the “Deemed University” and its officials therein perform no less or any different public duty, than those performed by university simpliciter	32
Public servant within ambit of section 19 (1)(b) and Sections 2(c) & 3 of P.C. Act	37
Public Servant’— The sprinkle of aid by Govt. to Society would bring its employer within definition of ‘public servant.’	33
‘Public servant’ within meaning of Section (c)(i) of Prevention of Corruption Act, 1988	37
‘Public Servant’ includes an office bearer of a registered public society engaged in agriculture, industrial aid from Central Government or a State Government or from any corporation	40
“Public Servant”- A person who holds an office by virtue of which he is authorized or required to perform any public duty, is a public servant 39
Public Servant’—Accused land promoters were charged under section 12 for offering money to complainant Panchayat President, for issuing ‘no objection certificate (NOC) 36
Public Servant’—Chairman/Managing Director or Director of private Bank against whom crime relating to anti-corruption is registered, cannot be excluded from definition of ‘public servant’	35
Public servant’—Councilor and member of Municipal Board are ‘public servant’ as they perform public duties	33
Public Servant’—Office bearer of	35
Public Servant”—‘Stamp Vendor’ having license issued under Stamp Act or Court Fee Act or any other subordinate Legislation,would be a ‘Public Servant’ within meaning of section 2 c) (i) of P.C. Act	36
Public servant—A lecturer of affiliated college appointed as examiner of University’s examination is a public servant	41
Public Servant—Accused deputed from Railways to Seamen’s Provident Fund discharge his duties of Government—As the duties performed by him are public duties, he is a public servant	39
Public Servant—Chairman and Executive Officer of Co-operative Bank fall within definition of “public servant”	35
Public servant–Engaged in activities of agriculture and receiving aid from Central Government or the State Government	40
Public servant—National Co-operative Consumer Federation of India Ltd. is a body ‘aided’ by Central Govt. and its employee would be ‘public servant’ and can be prosecuted as such under Prevention of Corruption Act, 1988	33
Public Servant—Officer employed in M.P. Electricity Board is a ‘public servant’ within the meaning of Act of 1988	34
Public Servant—u/s 2 irrespective of fact whether he is a appointed as consultant	37
Quashing of order framing charge by High Court is impugned by the State	32
The words “Office” or “Office of Profit”- The tests whether it is office or office of profit	39
Words and Phrases—”Public Servant”	31

CHAPTER II

APPOINTMENT OF SPECIAL JUDGES

Section 3—Power to appoint Special Judges	41
A Special Judge trying a case under Act, 1988 law acquires the jurisdiction and power to try such an accused for any other offence, which may be punishable under IPC or any special law	46
Appointment of Special Judge to try offences under old Act of 1947, would be deemed to be appointed in terms of Section 3 of new Act of 1988 and issuance of fresh notification for the purpose is not necessary	44
Cognizance of Offence – Sole public servant died before charges could be framed and even before taking off cognizance, therefore, stage of trying an offence u/s 3 (1) of PC Act did not arise	46
Investigation into 2G scam, Court observed that no one including newspaper would interfere with functioning of CBI team and officers of Enforcement Directorate- Application as an intervener filed by cellular operators' Association rejected	44
Jurisdiction of Special Judge to try offences not falling under 1988 Act is rested with Special Judge provided Special Judge trying accused in respect of any offence punishable under the 1988 Act	45
Public Servant —Any person who is President, Secretary or any other office bearer of a registered co-operative Society engaged in agricultural industry or trade is a “public servant”	45
Qualifications for appointment as a Special Judge—Sub-section (2) of Section 3 of this Act prescribes the qualifications for a person to be appointed as a Special Judge for the trial of offences under the Act in cases or group of cases as are specified in the notification issued under sub-section (1) of Section 3	47
Rule of Law—Democracy	41
Special Court constituted under Section 3 of 1988 Act is committed to try offences registered under Section 5(2) and 5(1)(e) of Act of 1988	44
Special Judge appointed for trial of 2G scam case, can even try accused charge only offence under Penal Code committed in same transaction	43
Special Judge appointed to deal with cases under Prevention of Corruption Act also connected cases not under the said Act, could deal with cases against person other than public servant—On death of public servant before commencement of trial and when charges are yet to be framed	43
Special Judge appointed under the Act has jurisdiction to deal with case under Prevention of Corruption Act and also connected case not under the said Act	42
Special Judge can exercise all powers of Session Judge and accordingly grant anticipatory bail as well as regular bail to an accused which is within exclusive power of a Special Judge	44
Special Judge has jurisdiction to try offences specified in section 3(1) committed by Public Servant or non-Public Servant, alone or jointly	42
Trial of non-public servants for abetment of offences under the Act	49
University Professor is a public servant and thus cognizance taken without any valid sanction is bad in law	47

Section 4—Cases Triable by Special Judges	50
A Special Judge appointed to try offences u/s 3 (1) of Act 1988 has jurisdiction to try a better or conspirator linked with public servant facing trials	53
Grant of stay of proceeding can be only if there is error or omission or irregularity in sanction granted by prosecution resulting in failure ot justice	56
Jurisdiction of a special Court offence under N.D.P.S. Act 1985 and P.C. Act, 1988 committed- Non obstante clause in section 36-A of NDPS Act, 1985 overrides non-obstante clause in Section 4(1) of P.C. Act	54
Powers of the Special Judge—Special Judge may also try any offence, other than an offence specified in Section 3 with which the accused may under the Code of Criminal Procedure be tried at the same trial	50
Prevention of Corruption Act did not make provision for confiscation of property or for disposal of property confiscation can be restored as per section 452 of Cr.P.C. for confiscation and release of fixed deposits, NSCs, etc	56
Principal/In charge Principal of a college governed and controlled by the Bihar Universities Act, is a ‘public servant’	54
Section 306 of Code applies to offence triable under Prevention of Corruption Act by Special Judge	52
Special Court appointed under W.B. Act of 1949 of jurisdiction for the offence under the P.C. Act 1988 in view of deeming fiction created by section 26-A as inserted by W.B. Act of 1994 – Jurisdiction is not limited to cases pending on date of enforcement of 1988 Act	53
Special Judge appointed u/ss 3 and 4 of the Act has jurisdiction to deal with cases under P.C. Act and also connected case and can deal with against persons other than public servant	52
Special Judge can deal with a case even during pending of police Investigation of offence under P.C. Act of 1988	53
Special Judge, vigilance had power to entertain and refer complaint under section 156(3), Cr.P.C. for institutions of FIR and its investigation	55
Special Judge, vigilance is empowered to entertain and refer a complaint under section 156(3), Cr.P.C. for investigation	55

Section 5—Procedure and Powers of Special Judge	57
Bribery case—Reversal of acquittal	58
Cognizance of offence or private complaint along with offence of Penal Code	66
Court of a Special Judge acts and functions as a Court of original jurisdiction under the Act and not as a Court of Session, otherwise be deemed to be Court of Session	65
Defence evidence – Trials of offence under Prevention of Corruption Act	61
Delay in proceeding in Bribery case — No action taken by prosecution for six years after raid was conducted	65
Demand by the accused of illegal gratification is an essential ingredient to constitute an offence under Section 5(1)(d) of P.C. Act	67
Disproportionate assets – Accused UDC-cum-store keeper in Rural Management and Development Department, charged under section 13 (1) (e) Act	59
Ground for Discharge of Accused	68
Ground for Setting Aside of Finding by Special Judge of Existence of prima facie Case	68
Lapse on the part of investigation authorities to seize the tainted money and other explanation provided for this lapse—Connection is liable to be set aside	65
Metropolitan Magistrate can grant pardon even where cases are triable by Special Judge	58
Offence u/ss 161 and 165, IPC committed whilst in service under Central Government as Clause (c) and Clause (a) or (b) of section 6 applies — Sanction given by Governor General is invalid and thus trial is vitiated	66
Offence under Section 5(1)(e) of Act 1988, failure of prosecution to establish criminality of accused shall result into acquittal of accused	60
Order granting pardon passed by Magistrate in good faith even after appointment of Special Judge under Prevention of Corruption Act, is only a curable irregularity which does not vitiate proceeding since case was under investigation	58
Possession of disproportionate assets - FIR lodged against accused alleging he possessed disproportionate asset to tune of Rs. 5.5 lakhs and charge sheet filed, however, showing disproportionate assets only for rupees 1.44 lakhs	60
Power of attachment of a Special Judge- The expression “while trying an offence” found in section 5(6) of Act shows that Special Judge gets power of District Judge	64
Power of Special Judge – Special Judge appointed under provision of PC Act, 1988 is not a Magistrate within meaning of section 156 (3) of Cr.P.C	62
Pre-condition for reference of company to police for investigation	63
Private complaint for illegal gratification maintainable—Special Judge empowered to refer matter for investigation and report u/s 156(3), Cr.P.C	62
Procedure and power of a Special Judge and applicability of Code of Criminal Procedure (Cr.P.C.)	61
Section 5 (as amended by S.22 of Act 1988) & Sec. 243 (1),Cr.P.C. – In the course of trials of offence under Prevention of Corruption Act, accused has to furnish list of witness before entering into defence – The charges incorporated in section two and three one of Code by sections 2 & 3 (1) of P.C. Act, with view of expedite trial	59
Sentence for five years’ imprisonment with fine of Rs 10,000/-	67
Special Act excludes applicability of section 306, Cr.P.C. and Prevention of Corruption Act does not debar Special Judge who exercised power under section 5(2) to proceed with trial	63
Special Judge can make a reference to High Court in terms of sub-section (2) of section 395, Cr.P.C. on any question of law, which may arise in this Court	63
Special Judge can receive a complaint u/s 156 (3), Cr.P.C. – Case registered by police special cell on basis of complaint farwarded from Court under section 156(3), Cr.P.C	67
Special Judge is not Subordinate to Session Judge	60
Trap witnesses are interested witness and Court requires as a rule of prudence, not as a rule of law, that evidence of such witnesses should be scrutinised with case	67
Trial Court cannot become Appellate Court considering case of discharge	68
Trial of accused for offence u/s 13 (2) read with 13 (1)(e) of new Act, 1988 is illegal – Conviction of accused is liable to be quashed	64

Section 6—Power to Try Summarily	69
Appeal under Section 6(2)—Sentence has been passed within the prescribed limit by the Special Judge	70
Order of acquittal in a case under Prevention of Corruption Act on ground that sanction for prosecution was defective granted by incompetent authority	71
Registration of FIR against private individuals inasmuch as, no specific consent would be required under Section 6 of the DSPE Act	70
Sanction for prosecution of railway clerk sanction for prosecution given by Divisional Commercial Superintendent	70
Section 6 (C) of Prevention of Corruption Act, the person who is competent to remove can grant sanction	71

CHAPTER III

OFFENCES AND PENALTIES

Section 7—Offence relating to public servant being bribed	72
Absence of proof of demand of illegal gratification	112
Absence of Specific Mention of Element of Threat or Coercion in Provision	95
Acceptance of bribe—Demand and acceptance of bribe of Rs. 1000/-	85
Acquittal of accused persons cannot negate presumption drawn against them	94
Acquittal on ground of irregularity in granting sanction unless it is shown that failure of justice occasioned thereby	78
Act of demand receiving illegal gratification by a public servant constitutes offence both under section 7 and under Section 13 (1) (d) of P.C. Act	78
Active Participation of Accused Necessary for Fair Trial and Fair Opportunity to Defend Himself	96
Admissibility of the tape recorded conversation between the complainant and accused	105
Anticipatory bail—Materials available on record show that accusation made has recorded in CCTV- Anticipatory bail application, held, liable to be rejected	85
Appeal against acquittal in offence of illegal gratificationRe-appreciation of evidence by High Court is essential, as offences under Prevention of Corruption Act are against Society	81
Appeal against conviction—Presumption under Section 20—Absence of proof for demand of illegal gratification	120
Appeal against conviction—Sanction—Absence of	124
Bail- Allegation that petitioner demanded bribe to open school which was directed to be closed in lock down	86
Bail application – Liquor scam – Detention or jail before being pronounced guilty of an offence should not become punishment without trial	93
Bail- Offences under Section 7(a) of Prevention of Corruption Act punishable for imprisonment up to seven years and accused in custody for 50 days – Bail granted with condition	84
Basis of Bringing Home of Offence Inter Alia under provision	91
Bribe demanded for issuance of registration certificate	123
Bribe for certificate of non-agricultural use of land	119
Bribe for grant of arms license and the trial Court observed that no sanction is required – View taken by Court is incorrect and liable to be set aside	115
Bribery Case—Recovery of tainted money from accused not by itself sufficient to record the conviction and thus demand of money also has to be proved	75
Bribery—Trap case—Accused, Sub-inspector of police alleged to have demanded and accepted bribe for settling an accident case	78
Burden shifts on accused only when the ingredients of offence of criminal misconduct under Prevention of Corruption Act are established	117
Case of complainant cannot be sustained where complainant himself creates doubt in prosecution	114
Charges of illegal gratification, the evidence of complainant and shadow witness assume great importance	114
Commercial tax inspector trapped with tainted notes recovered from his bag—Independent witness to trap had turned hostile, inference of appellate Court exonerating from charges, held, not justified	83
Commutation of sentence—It is not proper for court to recommend,commutation of sentence under Prevention of Corruption Act	114
Conditions for case of acceptance	90
Considerations for imposing punishment in corruption cases	112
Conspiracy between petitioner and Co-accused- Petitioner being a private person could not be implicated for offence under Prevention of Corruption Act	89
Contents of charge-sheet and documents filed by State, no prima facie offence of criminal misconduct by public servants	76
Conviction and sentence awarded to the accused is opposed to Article 20(1) of the Constitution of India and as the appellant herein has apparently suffered prejudice on account of conviction being made under the Act of 1988 is not sustainable	88
Conviction of accused appellant in bribery case along with other officer alleged to have demanded bribe from complainant diver for traffic violation if involvement of accused is proved by evidences	77
Demand & acceptance of illegal gratification	120
Demand & acceptance of money proved by prosecution	122
Demand & recovery of currency notes proved	122
Demand and acceptance is not acceptable, the whole case would fall even if the case relating to trap, recovery of money and chemical test by the prosecution is established	90
Demand and acceptance of illegal gratification	122
Demand and acceptance of the amount as illegal gratification	121
Demand of bribe for conducting auction of fish pond	119
Demand of bribe is not at all proved, then merely recovery of alleged bribe money (treated currency notes) in itself cannot be sufficient to hold a charge to be proved under the Prevention of Corruption Act, 1988	116
Demand of bribe to renew recognition for typing institute	121
Demand of illegal gratification & acceptance; Proved beyond reasonable doubt	123
Demand of illegal gratification is sine qua non for constituting offence u/ss 7 and 13 of Act	75
Demand of illegal gratification is sine qua non to constitute the offence u/s 7 and mere recovery of currency notes cannot constitute the offence u/s 7 unless it is proved beyond all reasonable doubt	73
Demand of illegal gratification—Versions of witnesses are completely consistent—Tainted notes were found on the person of the appellant	121
Demanding the bribe for doing official work—During trial their different versions of alleged offence given by three witnesses—Several inconsistencies found in evidence of key witness	80
Department is ipso facto precluded from taking any action against official pursuant to acquittal in criminal case	95
Departmental Enquiry Requires proof based on Preponderance of Probabilities	97
Discharge; Rejection of discharge petition, proper	86
Essential ingredients of Section 7 are that person accepting the gratification should be a public servant and he should accept gratification for himself or others as a reward for doing an official Act	114
Evidence of accomplice; It is unsafe to rely upon and act on evidence of accomplice unless corroborated on material particular and thus it required corroboration	77
Evidence of accomplice—Corroboration in all circumstances of such witness is not necessary	82
Evidence of Complainant—Complainant would be accompliced being bribe given but absence of independent witness to support the version of complainant cannot be ground to acquit accused	83
Evidence of Police Officer in Trap case	104
Evidence of prosecution or the defence evidence, if any adduced	116
Evidence of solitary evidence the law is settled that it must be unimpeachable, true, trustworthy, free from doubt and must be put in the category of “wholly reliable.”	116
Examination u/s 311, CrPC was not confronted with incriminating material concerning alleged demand and acceptance of gratificationIt was a serious lapse on the part of trial Court	118
Fresh Trial—Need of	119
Grounds for non-sustainability of discharge of accused under provision	98
Grounds for Rejection of Quashing of FIR Against District Magistrate	96
Illegal gratification – Acquittal of appellant u/s 7 of P.C. Act is inconsequential and cannot negate presumption drawn against them	89, 117
Illegal gratification or recovery thereof in the absence of proof of demand would not be sufficient to bring home the charge under the provisions of Sections 7, 13(1)(d)(i) and (ii) of the Act of 1988	92
Illegal gratification—Demand and acceptance—Presumption to operate, basic ingredients of demand and acceptance must be present in a given case	92
Illegal gratification—Proof of demand by public servant and its acceptance by him is sine qua non for establishing offence under Section 7 of P.C. Act	87
Imposition of punishment — When there is no scope for reforming convicted public servant, punishment imposed by trial Court	74
Independent witness in trap case	100
Issues urged by accused can be decided more appropriately and properly during trial after adducing of evidence by parties	90
Just Decision of Case is the Object of Power Vested in Court Under Section 311 of Cr.P.C	97
Long delay in disposal of appeal or any other factor is no ground when statute prescribes minimum sentences	75
Minor discrepancy could be ignored if it did not affect the substratum of the prosecution’s case or causes impact on the core issue	87
Minor error in charge frame against accused which did not cause any prejudice and did not occasion in failure of justice, would not allow accused to derive benefits	113
Necessity by High Court of considering details before acquitting convicted accused	94
Necessity of Full-fledged Departmental Inquiry before Passing of Order of Termination on Alleged Misconduct of Demanding and Accepting Bribe	94
Non-availability of transfer of case	95
Old age of accused can be ground for reduction in sentence of rigorous imprisonment	94
Order rejecting application seeking police custody remand on ground that said offences are billable, held, not proper	79
Patwari, Convicted for accepting Rs. 800 as bribe and he lost his job and thus he would not be entitled to pension and other benefits sentence of two years’ imprisonment and fine reduced to one year imprisonment and fine	117
Presumption under Section 20 of P.C. Act; Illegal gratification has been accepted other than legal remuneration or any valuable thing	120
Presumption under Section 20—Demand of illegal gratification	121
Proof of Demand	91
Proof of demand is mandatory in offences of illegal gratification	78
Prosecution evidence is not sufficient to prove demand of illegal gratification, accused is liable to be acquitted	73
Prosecution failed to prove necessary ingredients of illegal gratification and offence of corruption namely demand, acceptance and recovery of cogent and convincing evidence and thus acquittal of accused, held, proper	84
Public servant committing offence under the Act, 1988, liable to be prosecuted whether he continues to be in office or not at the time of trial or during pendency of prosecution	74
Public servant taking gratification other than legal remuneration in respect of an official act	123
Quantum of Sentence—Sentence of two years R.I. reduced to one year and one month rigorous imprisonment	74
Quashing of cognizance order on the ground of invalid sanction, Accused an incharge Principal of Homeopathic College prosecuted for offences u/ss 7, 13 (2), 13 (1) (d) of P.C. Act	84
Recall of Prosecution Witnesses Relating to Final Report is Permissible	97
Reduction in period of Sentences is not permissible as in Section 7 and Section 13 minimum sentence is provided	76
Reduction of sentence – Long delay in disposal of appeal or any other factor is no ground when statute prescribes minimum sentence	81
Reduction of sentence below minimum prescribed, cannot be done in exercise of power under Article 142 of Constitution	81
Reduction of Sentence	119
Reduction of Sentence—Appellant convicted for bribing an amount of Rs. 700	119
Reduction of Sentence—Rigorous imprisonment	124
Rejection application for discharge- Statements of witnesses, accompanying witnesses entrustment mazahar, recovery mazahar and forensic report showing that prima facie case of corruption made out against the accused	84
Review of earlier Sanction Order—Without jurisdiction and liable to be set aside	115
Sanction for prosecution was refused- Conviction could not be sustained	88
Sanction for prosecution—Demand of bribe by public servant to show favour or disfavour in discharge of his official duty	79
Sentence of imprisonment	122
Significance of panchnama in trap case	98
Single act of receiving illegal gratification where there was demand and acceptance can be an offence both under Section 7 and section 13(1)(d) of the Act	116
Strong suspicion created from material which has been produced, then this itself is sufficient to frame charge	88
Suspension of sentence—Accused caught red handed taking bribe and sentenced	86
Technology for Effective Communications and not replacement of physical assistance	95
Trap Case—In case trap case, the prosecution is obliged to prove the previous demand of bribe, its acceptance and the recovery of tainted money	79
Trap cases –Scientific method using phenylalanine powder should be adopted	118
Trap witness cannot be treated as interested witness	77
Trap/decoy witness cannot be treated as interested witness	83
Trial Court acquitted the accused by giving benefit of doubt	120
Two persons are accused u/s 120-B and Sections 7,13 (2) read with 13(1)(d) and both are acquitted from all charges, the main accused will also be entitled to be acquitted and released under P.C. Act	89
View taken by Armed Forces Tribunal is found to be a plausible one, it will not be permissible for this Court to interface with same only because this court finds other view to be more probable/ plausible	87
When it is proved that there was voluntary and conscious acceptance of money, there is no further burden cast on prosecution to prove by direct evidence the demand or motive-	114
Whether the error omission or irregularity in grant of sanction would result in failure of justice is a matter that is to be considered at the conclusion of trial on the basis of evidence adduced by the respective parties in the regard - The whole prosecution cannot be thrown at the threshold on the ground	119

Section 7A—Taking undue advantage to influence Public Servant by corrupt or illegal means or by exercise of personal influence	124
Bail – Offence u/s 7A of Act 1988 for allegation that accused demanded bribe in a sum of Rs. 4000/- to do official work	125
Bail application – Liquor scam – Detention or jail before being pronounced guilty of an offence should not become punishment without trial	127
Bail—Offence as alleged under section 7(a) of Prevention of Corruption Act and the bribe amount recovered from possession of the accused during trap	125
Denial of Bail- Bribe Amount was allegedly received on investigation of personal Secretary of accused	126
Prosecution is duty bound to prove the demands an acceptance of money either by direct or circumstantial evidence	127
Quashing of FIR —Offence of demand of illegal gratification	125
Recovery of money from the accused by itself is not enough in absence of substantive evidences for demand and acceptance	127
Sine qua non of the ingredients of an offence punishable under Sections 7 and 13 (1) (d) read with section 13 (2) of the P.C. Act would be the demand and acceptance of bribe	126

Section 8—Offence relating to bribing of a Public Servant	128
Criminal Trial—Conviction u/Section 8, P.C. Act	130
Definition of public servant as contemplated in clause (c) of Section 2 of the Act	130
Offence relating to bribing of a public servant	132
Offence under Section 8, P.C. Act—Essential elements	130
Prosecution under P.C. Act—Regular Bail	131
Public servant to get confirmation of seat in Indian Airlines —No offence under Section 8 of the P.C. Act made—Accused entitled to be acquitted	129
Public servant” includes Judges of High Court and Supreme Court	135

Section 9—Offence relating to bribing a Public Servant by a Commercial Organisation	138
Conditions for Grant of Exemption from Personal Appearance by Accused	140

Section 10—Person in charge of commercial organisation to be guilty of offence

140

Section 11—Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant	141
Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant	142

Section 12—Punishment for Abetment of Offences	144
Abatement offence of illegal gratification	146
Abatement—No prima facie case made out against one of accused of having committed offence under Section 7 of Act, 1988 and thus the question of other accused committing offence u/s 12 of abatement by aiding, does not arise	144
Abetment of offence under Sections 7 and 11 and various infirmities in investigation of case	148
Abetment Offence under Section 12 of the P.C. Act	148
Anticipatory Bail – Offence u/ss 12, 13 (1) of Act, 1988 allegation	146
Conditions for Entitlement to Bail for Commission of Offences inter alia under Provision	146
Preventive Detention—Detention under Control of Crimes Act	147
Reduction in sentence - Occurrence took place more than 16 years of age and appellant at relevant time was aged about 25 years	145
Reduction of sentence—Occurrence took place in 1979 an appellant -accused facing the prolong trial and lost his job as well	145
Section 12 from its purview and the no previous sanction therefore required in case of offence punishable u/s 12 of the Act	144

Section 13—Criminal misconduct by a Public Servant	148
2G Spectrum Scam Case —Spectrum licences issued illegally at the cost of nation	212
3 months the delay in reporting the matter without satisfactory explanation for delay	161
Abandoning of Proceedings under Provision on Erroneous Opinion of Seized Currency Belonging to Accused	215
Abatement of case against non public servant (accomplish)	171
Abnormal delay in grant of sanction i.e., 13 years and trial may result into quashing of entire proceedings	176
Advancing loan to illiterate agriculturist loans without security by violating rule for personal gains conviction and sentence justified	179
Amassing of disproportionate assets- For every distinct offence, if any person is accused, there shall be separate charge and every such charge shall be tried separately	180
Anticipatory bail – Allegation of Cheating—Charge-sheet has already been filed, considering facts and circumstances, bail granted	165
Anticipatory bail granted on conditions	176
Anticipatory bail Srijan scam—Misappropriation of funds—Anticipatory bail petition rejected	177
Anti-Corruption Bureau, non-supply of complaint or contents thereof do not, at all violate principle of fair trial	165
Appeal against conviction—Appellants arranged in the charge-sheet by Order of High Court	184
Appeal against Conviction—Corruption charges	207
Bail, Considering the old age & ailments	213
Benami transaction in reference to the cases under Prevention of Corruption Act assumes importance to dissent the truth	197
Bribery case the fact that complainant turned hostile, would not result in collapse of whole case of prosecution	165
Charge sheet for Offence u/s 13(1)(d) of PC Act and Sections 419, 420, 467, 468, 471, IPC titled prosecution cannot be allowed to be scuttled at the stage of framing of charge	178
Charges of corruption and criminal conspiracy—Quashing of charges	208
Cheating—Fictious bank	183
Commission of offence by a public servant under section 13(1)(e) of Prevention of Corruption Act is liable to be prosecuted under the Act	181
Complaint by private individual against public servant, who has allegedly committed offence in absence of any provision which bars private individual from filing, such complaint is maintainable	170
Complaint by private individual is maintainable alleging corruption charges against public servant and a person can also file complaint under PC Act	177
Conditions Relating to Grant of Bail for Offences Punishable inter alia under Provision	224
Considerations in Expeditiously Dealing with Application for Bail	219
Conviction of accused – Executive Engineer for bribery and allegedly misappropriated Govt. money by showing false repair work of pat-holes	171
Corruption by public servant—’Criminal Misconduct’	211
Corruption case—Prosecution of public Servant qua Assets	207
Corruption Charges—Assets disproportionate to known sources of income	206
Corruption Charges—Lifting the Corporate veil qua adjudication of lawfulness of source of income	207
Corruption is offence against whole society and, therefore, delay in trial by itself cannot be a ground to quash the proceedings	169
Criminal Conspiracy—Breach of trust by public Servant, falsification of accounts	183
Criminal conspiracy—Wrongful gains	206
Criminal misconduct by a public servant	149, 151, 212
Criminal misconduct by public servant , mere acceptance of money is not sufficient for conviction of accused u/s 13 (1) (d) (i) of Act	159
Criminal misconduct by public servant, an enquiry at pre-FIR stage is permissible and desirable	159
Criminal misconduct –Prosecution could not establish that accused had been found in possession of assets disproportionate to his known source of income	166
Criminal Procedure—Doctrine of ‘double jeopardy’	205
Criminal Trial—Prosecution of public Servant	210
Delay in disposal of appeal is not ground for reducing sentence—	178
Delay in Prosecution	188
Delinquent exonerated in departmental proceedings would not be ipso facto entitled to acquittal in criminal proceedings u/s 13 (1) (d) of P.C. Act	170
Demand of bribe	185
Demand of bribe/money for releasing articles—Trap laid down	185
Discharge -Accused Application for discharge rejected without considering objection by accused in respect of legality of grant of sanction for prosecution illegally	172
Discretion of Court of Law of Drawing of Presumption of Fact Regarding Demand and Acceptance or Obtainment of Illegal Gratification	220
Disproportionate assets—Discharge of accused on ground of sanction	183
Enquiry in case of corruption is not mandatory before registration of FIR under Cr.P.C	162
Entitlement to Relief of Grant of Bail on Conviction Inter Alia under Provision	219
Entrustment of property or control of property with necessary ingredients in absence of evidence or entrustment or control over property by accused which was found misappropriated conviction could not be sustained	180
Essential ingredients of section 13 are that an accused has used corrupt or illegal means or otherwise abused his position as such public servant	178
Exemption from surrender—Because of medical condition of appellant exemption from surrender was granted	185
Fake credit entries in ledger books—Confessional statement	204
Grant of default bail—The words ‘not less than’ occurring in clause (i) to proviso (a) of Section 167(2) of CrPC relates to an offence punishable with a minimum of 10 years' imprisonment	167
Ground for Inference of Commission of Patent Error by High Court of Failure of Taking of Matter to Logical Conclusion	221
Ground for Inference of Disclosure of Statement of Accused being Non-confessional in Character	218
Ground for Non-justification on Part of High Court of Exercise of Inherent Power Relating to Offences Punishable Inter Alia Under Provision	223
Ground for Non-sustainability of Refusal of Renewal of Passport Relating to Conviction for Offences Punishable Inter Alia Under Provisions	224
Ground for Non-sustainability or failure on part of High Court of perusing of report by SIO	222
Ground for Prejudicial to Accused on Sweeping Observations made by High Court	222
Ground for Quashing of Proceedings Relating to Offences Inter Alia Under Provision	224
Ground to extend benefit of probation to an accused convicted u/s 13 of Act in view of Section 8 of General Clause Act	166
Grounds for Absence of Evidence for Establishing of Charge Relating to Commission of Offence	214
Grounds for Entitlement of Accused to Bail	218
Grounds for Inference of case of Obtainment	220
Habitual acceptance of bribe—Definition of Corruption	192
Ingredient of offence of criminal misconduct by public servant under section 13(1)(d) of Act, 1988 are distinct from that of section 5(1)(d) of old Act of 1947	174
Interpretation of Statutes—Anti Corruption Law	208
Known Sources of Income refer to Sources Known to Prosecution	223
Lack of sanction or defect in the sanction order is invariably taken by the accused against the prosecution. The significance of the sanction order and its validity is imperative in nature	193
Look-out-notice cannot be issued after six years from date of registration of subject crime	217
Major Difference between Two Offences	217
Minimum sentence prescribed for illegal gratification being one year under Section 13(2) and thus sentence of six months' rigorous imprisonment awarded by Court being less than minimum sentence is liable to be enhanced or rigorous imprisonment for one year	166
Misconduct of Public Servant –Illegal act by increasing marks of any particular applicant in return of pecuniary benefits	171
MLA was a public servant and was in possession of disproportionate assets and he was also Chief Minister of the State for certain period and holding disproportionate assets	168
Necessity by Court of Application of Judicial Mind on Material Placed on Record Relating to Offences Inter Alia Under Provision	221
Necessity by Court of Considering of Broad Probabilities of Case Relating to Offences Inter Alia Under Provision	221
Necessity by Court of Ensuring Existence of Prima Facie Case Relating to Offences Inter Alia Under Provision	221
Necessity of Establishing of Attempt by Public Servant of Obtaining of Any Valuable Thing or Pecuniary Advantage for Offence Punishable Inter Alia under Provision	222
Necessity of Making Arrangement for Appointing Another Advocate in Place of Earlier Advocate-on-Record	216
Necessity of Passing Order Towards Balancing Liberty of Accused and Interest of Administration of Criminal Justice Relating to Offence	218
No Obligation of Department to Inform Employees Individually	216
Non-deposit of examination fee recovered from a student in Government treasury by Principle of intuition amounts to offence of criminal misappropriation	176
Non-consideration of Probative Value of Material on record during Framing of Charges Relating to Offences Inter Alia under Provision	214, 220
Non-maintainability of Proceedings Initiated by Invoking Inherent Power of High Court by Person Having No Locus Standi	215
Offence of acceptance of illegal gratification—Offence committed by accused person in 1991 and trial Court sentencing each of accused of two years' imprisonment	170
Offence under the Prevention of Corruption Act can be abetted by a non-public servant and thus non-public servant can be prosecuted along with Public Servant	163
Onus to launch investigation in cases of possession of assets disproportionate to known sources of income as well as Criminal misconduct is on investigating agencies such as State Police, CBI or Central Vigilance Commission CVC among others	162
Opening of Fictitious Bank Account amounts to Criminal misconduct	219
Opportunity of hearing to accused when there was no provision in law which made it obligatory to give an ‘opportunity of hearing’ to person against home report is to be tagged	175
Order for Release of Accused on Sole Ground of Accused Being Lady	214
Order of cognizance did not disclose the Prima Facie satisfaction of trial quote regarding availability of material for taking cognizance	181
Pendency of disciplinary departmental proceedings or previous prosecution trial—Bar on prosecution	200
Police officer in the course of investigation can seize or prohibit bank operation which has direct link with offence	169
Possession of rupees 50,000 of alleged bribe money	176
Preliminary inquiry or probe becomes indispensable in a complaint of acquisition of disproportionate assets not to do safeguard interest of accused public servant	182
Prevention of Corruption Act, is not proved beyond reasonable doubt then presumption—Effect of Conviction— Effect of Acquittal	189
Prima Facie offence under section 420 and 120-B of IPC—Charge under Section 420 of IPC is not isolated often but read along with offence under Section 13 of Prevention of Corruption Act	166
Principles for Consideration in Discharge of Accused	217
Private individual can file a complaint alleging corruption by public servant, however, sanction for prosecution is essential to prosecute public servants	182
Procedure adopted by the Lokayukta was upheld by the Court	204
Proof of demand and acceptance of illegal gratification	158, 194
Prosecution of public Servant	208, 211
Prosecution of public Servant—Sanction to prosecute	213
Prosecution under PC Act—Defalcation of public funds in fraudulent purchase	210
Provision of probation of offenders Act –	179
Public servant cannot satisfactorily account refers to onus or burden on accused to satisfactorily explain and account for assets	223
Public servant to do the official act or show official favour is not the relevant consideration	195
Public servant, whatever be his status, is publicly charged with acts of dishonesty or misconduct and if FIR is lodged against him, there must be some suitable preliminary inquiry	160
Public servant—Prosecution of highest public functionary qua charges of Corruption	209
Quantum of Sentence—Duty of the Court	186
Recovery of money dehors the demand would not be sufficient to convict the public servant for such offence	180
Reliability of evidence of trap laying officer	187
Rule of evidence—Issue Estoppel	207
Rule of Law—Corruption in public life	211
Sanction granted only after perusing entire prosecution record and after applying mind independently to fact of case sanction for prosecution held valid	175
Sanction under Section 197 of Criminal Procedure Code, 1973 refused by State Govt	186
Section 13(1)(d)— No evidence to prove that the appellant had obtained for himself or for any other person any valuable thing or pecuniary advantage the conviction therefore could not be sustained	181
Sentence of imprisonment altered to period of one year and direction issued to release the accused after completion of one year	164
Source of income– Interest accused on deposits is not an investment as it is accused income while completing income of public servant it is to be excluded	170
Special Judge cognizance on the private complaint without prior sanction for prosecution important order suffers from non-application of mind and thus order set-aside	178
Special Judge may frame charge if there are sufficient materials of proceedings against petitioner for the purpose of framing charges Court cannot make roving enquiry	170
Special reason for reduction of minimum sentence below minimum prescribed in law.	168
Statement of accused to Police	187
Suspension of order of conviction during pending of appeal or revision is not permissible	163
Suspension of sentence and order to deposit fine amount	205
Sustainability of Enquiry at Pre-FIR Stage relating to complaint against Public Servant	218
Taking gratification by corruption or illegal means	184
Taking of Cognizance –Limitation as prescribed u/s 468 of CrPC does not apply as maximum Punishment for offence u/s 13 of Act is seven years and fine, whereas Section 463 of Cr.P.C. applies where maximum punishment prescribed for offence is three years	174
Temporary misappropriation of office money is not an offence of Corruption – Conviction of accused clerk for offence under Act is liable to be set aside	164
Test of Existence of prima facie case being Primary Consideration at stage of Framing of charge	223
Trial of PC cases—Approach of Courts	212
Unaccounted money recovered from house of accused in raid by Income Tax Department from house in joint possession of accused and his wife	159
Withdrawal of prosecution on ground that witness may not support ...........prosecution is not sufficient ground for withdrawal of prosecution	173
Words and Phrases—’Criminal Misconduct’	211
Writ jurisdiction as onus of launching investigation is on investigating agencies such as State Police, Central Bureau of Investigation (CBI) or Central Vigilance Commission (CVC) among others	167
Wrongful withdrawal and misappropriation of money from treasury	207

Section 14—Punishment for habitual offender

225

Section 15—Punishment for attempt

225

Section 16—Matters to be taken into consideration for fixing fine

225

CHAPTER IV

INVESTIGATION INTO CASES UNDER THE ACT

Section 17— Persons authorised to investigate	226
Failure of Bringing Authorisation on Record Constitutes only Procedural Lapse	227
Ground for Applicability of Provision	229
Ground for Non-applicability of Provision	229
Non-availability of Conducting Enquiry/Inquiry/Investigation by Police Officer without Approval	229
Non-necessity of Preliminary Enquiry Prior to Registration of FIR	228
Object of Provision of Protection of Public Servant from Frivolous and malicious prosecution	229
Prohibition only against Police Officer of Making of Enquiry/Inquiry/Investigation	228
Provision not Retrospective in Operation	228
Purpose of Incorporating Provision	227
Purpose of Preliminary Inquiry	226
Purpose of Recording Statements of Accused During Investigation	227
Stage of Gathering of Evidence	227
Stage of Necessity of Obtaining Prior Approval from Competent Authority by Police Officer	228

Section 17A—Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties

230

Section 18— Power to inspect bankers’ books

230

Chapter IV-A

Attachment and Forfeiture of Property

Section 18A— Provisions of Criminal Law Amendment Ordinance, 1944 to apply to attachment under this Act

231

Chapter V

Sanction for Prosecution and other Miscellaneous Provisions

Section 19—Previous sanction necessary for prosecution	232
A detailed reasoned judgment is not required to be passed while granting sanction for sanction	266
Absence of Bar on Repetition of Exercising Jurisdiction for Sanction	308
Absence of sanction or invalid sanction to prosecute public servant, cannot be a ground to set aside convictions and sentence	273
Absence of sanction’ and ‘validity of sanction’	236
Addition of accused - Addition of petitioner as an accused at a belated stage and seeking sanction to prosecute is not proper	291
Application of mind—Sanctioning authority—Competent authority must apply its own mind for granting or refusing sanction irrespective of the observation made by the court	244
Appreciation of evidence by sanctioning authority—Sanction without considering all the facts and circumstances as collected during the investigation	251
Bias of sanctioning authority—Common acceptation means and implies “spite” or “ill-will”	246
Challenge to sanction order	281
Charge-sheet Filed in case of illegal gratification and earlier order of sanction found to be invalid accused was neither tried nor was there full-fledged trial	271
Charge-sheet was filed and cognizance was taken after termination	276
Cognizance of offence- Petitioner a public servant was prosecuted without previous sanction and thus mandatory requirement of prior sanction to take cognizance of offence not followed	285
Cognizance of offences, it must enquire whether there is a valid sanction to prosecute the public servant available or not	279
Competence of sanctioning authority—Commission of the alleged offence or misconduct	249
Competent authority for sanction of prosecution - It is not and never necessary that authority competent to grant sanction should be vertically superior in the hierarchy	282
Competent authority to grant sanction	278
Compulsorily retired public servant sought to be prosecuted u/s 120-B of Penal Code and section 13(1)(d)(ii) r/w section 13(2) of Act, 1988, then no sanction either u/s 197 of Cr.PC or section 19 of Act, 1988 is necessary	295
Consideration before sanctioning authority—Concept of ‘doubt’ or ‘plurality of office’	237
Court cannot grant stay by use of any power against trial of public servant for corruption charges and this is also applicable to High Court	283
Criminal proceedings cannot be interdicted mid-course by High Court invoking section 482, CrPC even if sanction for prosecution	268
Delay in issuance of sanction for prosecution	272
Delay in sanction to prosecute - Long gap after completion of investigation and grant of sanction vitiates prosecution case	284
Director of police u/s 156(3) of Cr.PC to investigate order not to be given mechanically and Magistrate has to apply his mind regarding order passed u/s 156(3)	270
Discharge - Accused cannot be discharged on ground of invalidity of discharge as the validity of sanction order can be tested at time of trial	292
Discharge of accused - Question of validity of sanction for the prosecution cannot be decided at a stage of framing charges	289
Dismissal of Previous complaint for want of Sanction does not bar fresh Complaint	296
Draft sanction order was received from the C.B.I. will not vitiate the otherwise valid sanction granted after their application of mind	305
Effect of no sanction— Sanction for prosecution is not to be granted	242
Error, omission or irregularity in sanction to prosecute is not fatal to prosecution unless it has resulted in failure of justice	273
File regarding to prosecute submitted to secretary PWD and some forwarded to ministers PWD who on being satisfied granted sanction	270
Finding of court that sanction for prosecution was mechanically granted is not sufficient to set aside conviction	271
Framing of Charge—Stay of Proceedings	315
Grant of sanction for prosecution of a public servant always vested in the appointing authority-	298
Grant of sanction under section 19 of Prevention of Corruption Act is an executive act and the validity thereof cannot be decided in the light of principles applied to Quasi Judicial order—	310
Granting sanction, is under obligation of law and independently apply its mind and then to decide about the grant of sanction to prosecute the official	260
Grounds for Necessity of Obtaining Sanction by Prosecution during Trial	307
Illegal gratification but no previous sanction was obtained by authority before prosecuting accused - Employee - Conviction liable to be set aside	295
Invalid sanction order is not merely an irregularity, error or omission	268
Investigation conducted by Inspector is an irregularity and conviction is not initiated unless prejudice is caused	301
Invocation of Specific Provision of Statutes for Sanction for Prosecution of Employee of Union	306
Legality of order of sanction to prosecute - on examination of sanction order	236
Magistrate cannot refer a complaint again for investigation u/s 156(3), CrPC against public servant without valid sanction order from Government	297
No Protection to Public Servant After Retirement	307
Non-challenge to Order Granting Sanction at Pre-cognizance stage	307
Non-taking of Cognizance of Matter Before Pre-cognizance stage in Case of Validity of Sanction	308
Non-vitiation of Sanction Order for Absence of Reference of FIR	308
Obligation of sanctioning authority to discharge his duty to give or withhold sanction only after having full knowledge of material facts of case	314
Obtaining pecuniary advantage by public servant by illegal means – Sanction accorded under old Act cannot be taken or treated as sanction under new Act	294
Obtaining sanction from appropriate authority for offences u/ss, 7, 13 of Prevention of Corruption Act–Cognizance taken and proceedings liable to be quashed	296
Offence committed in the same transaction by accused while functioning as Agriculture officer but prosecution has failed to obtain prior consent of State Government - Criminal proceedings quashed	310
Omission on irregularity in sanction is not fatal unless it resulted in failure of justice - Sanction 19(1) is a matter of procedure	269
Omission or irregularity in the sanction for prosecution must be a finding that such error or omission, had resulted in failure of justice	313
Onus of proving charge of holding ‘disproportionate asset	267
Order directing further investigation u/s 156(3) of CrPC cannot be passed in absence of valid sanction in complaint of corruption against public servant	269
Order granting sanction is required to be filed along with complaint in connection with prosecution u/s 19 of Act and without sanction of court is precluded from entertaining complaint	298
Order of sanction for prosecution passed by sanctioning authority mechanically in obedience of mandamus issued by High Court is not valid	302
Plea of improper sanction cannot be raised in appeal	277
Postponement of framing of charge - Charge cannot be postponed as supplementary charge sheet may be filed on completion of investigation	292
’Presumption’ is an inference sanctioned by law, which does not logically, or necessarily follow from the proved facts	264
Previous sanction to prosecute is not necessary only a person who is removable by order of State Government	286
Prosecution of Incharge-Principal of private and unaided college	301
Prosecution of public Servant—Sanction to prosecute qua offence under Section 13, P.C. Act	315
Prosecution of Public Servants—Protection under Section 19 with regard to sanction to prosecute	316
Public servant alleging offence punishable under Prevention of Corruption Act, 1988 complaint can be presented only and obtaining prior sanction under section 19 of P.C. Act	287
Public Servant committing offence under the Act is liable to be prosecuted while he was a public servant court can take cognizance of offence	234
Public Servant Dishonestly acts in the discharge of his public duty and thereby commits an offence he will still be covered u/s 197 of CrPC	299
Quashing of Proceeding - After sanction for prosecution was refused by authority, subsequently of the retirement of concerned officer the new incumbent granted sanction for prosecution without any additional or new materials placed before the authority	297
Quashing of proceedings- Petitioner aged 69 years committed crime of misappropriation of amount during 1996-97 and prosecuted for offence u/ss 408, 477, IPC, and u/s 13 (1) (c),13 (2) of Prevention of Corruption Act	297
Quashing of proceedings qua error, omission or irregularity in sanction for prosecution—	314
Quashing of sanction sought for alleged offences u/s 19(1)(c) of P.C. Act and facts show Prima Facie that sanction order issued of which validity can be tested at time of trial	296
Question of absence of sanction could be raised at the inception but when sanction order exists the issue regarding invalidity can be raised during the trial	300
Question regarding validity of sanction can be raised at any stage of proceedings	300
Raising of Invalidity of Sanction during Trial	307
Requirement of sanction for prosecution of public servant is not merely procedural or directory but a mandatory requirement	299
Requirements of sanction cannot be said to be unconstitutional	268
Revision against framing charges is not maintainable as framing of charges is not an interlocutory order	290
Right of speedy trial encompassed all the stages namely the stage of investigation, inquiry, trial, appeal, revision and retrial	303
Rights of speedy trial - Sanction for prosecution of accused not granted by State despite expiry of 12 years and State failed to explain the cause of delay	267
Role of Sanction Relating to Offence Committed by Public Servant	307
Sanction - Government employee caught red handed while accepting bribe and the competent authority in office not concluded not to sanction	287
Sanction can be granted by an authority competent to remove the concerned public servant and it hardly matters as to who is appointing authority	298
Sanction for prosecution - Although no time limit for grant of sanction has been prescribed under the Act, 1988	281
Sanction for prosecution - Accused, a senior resident doctor in CIMS dismissed from her service on charge of corruption	276
Sanction for prosecution - Appointing any disciplinary authority is proper person to accord sanction - Sanction order did not disclose about what were the documents submitted to the authority to accord sanction	312
Sanction for prosecution - Crucial date for determination of whether sanction is necessary, date on which cognizance is taken	280
Sanction for prosecution – Merely because sanction order was not proved by examining sanctioning authority, it could not be said that it was not proved	311
Sanction for prosecution - Order passed by sanctioning authority given mechanically in consequence of pressure put on him by Court of special judge	276
Sanction for prosecution – Petition accused was suspended following lodging of FIR and thereafter dismissed – Charge-sheet was filed after his dismissal when he was not a public servant and thus no sanction was required	310
Sanction for prosecution – Plea by accused that he was not a “public servant” to be decided of preliminary stage	275
Sanction for prosecution – Sanction can be produced by prosecution during course of trial and same may not be necessary after retirement of accused officer	309
Sanction for prosecution - When the document of sanction marked exhibit without any objection from accused challenging the said document is granted by incompetent authority at stage of final argument	280
Sanction for prosecution	277
Sanction for prosecution accorded under old Act, for allegation of accepting valuable thing or obtaining pecuniary advantage by public servant by illegal means	293
Sanction for prosecution- Accused working as General Manager and Sales Manager in Govt. Company in which Govt. has only 26% shares as 74% shares transferred in favour of ‘joint sector company’ – The Company is neither a Government Undertaking nor its employees are public servants	294
Sanction for prosecution —Charge sheet filed against appellant after his dismissal from service, sanction not necessary	266
Sanction for prosecution- Court cannot sit as a court of appeal over sanction order examining adequacy or inadequacy of material before sanctioning order	309
Sanction for prosecution- Document of sanction exhibited without any objection from accused, challenge of said documents as granted by incompetent authority	290
Sanction for prosecution- Failure to examine sanctioning authority is not a fatal as it is necessary to examine sanctioning authority	276
Sanction for prosecution granted by sub- collector-cum-chairman, RMC was not competent to grant sanction	312
Sanction for prosecution is required even for retired Government Servants - Rejection of application	294
Sanction for prosecution- Misusing their offices committed several acts whereby certain firms were favoured in the matter of supply of seeds and the time of filing of complaints	288
Sanction for prosecution of a public servant even after his retirement or he has ceased to hold office is sin qua non to proceed against under Indian Penal Code	313
Sanction for prosecution- Proper authority to sanction prosecution is a competent authority	277
Sanction for prosecution- Refusal of session judge to accept closure report submitted by C.B.I. in allegation against official of taking illegal gratification	293
Sanction for prosecution- Sanction order must clearly contain recital of reason of grant or refused of sanction	280
Sanction for prosecution- The delinquent, a public servant in Irrigation department	280
Sanction for prosecution u/s 19 of P.C Act must show that authority before granting the sanction has applied its mind to the material placed before it and grant of sanction	313
Sanction for prosecution under the Act is granted with respect to specified accused if sanctioned	270
Sanction for prosecution, once refused by competent authority cannot be revised or reviewed on the same materials	285
Sanction for prosecution–Alleged offences u/s 13(2) r/w section 13(1)(d) have been committed by accused during his tenure as minister	295
Sanction for prosecution—Government ceasing to be Government servants when charge-sheet was filed, sanction for prosecution not necessary	294
Sanction for prosecution–Once sanction has been taken/accorded under section 19 of the Prevention of the Corruption Act, 1988	286
Sanction for prosecution granted u/s 197, Cr.PC and not under section 19 of P.C. Act against accused who is an I.A.S. officer – Cognizance taken by trial court quashed	302
sanction has been awarded u/s 19 of the Prevention of Corruption Act read with section 13 (1) and 13(1) (d) of Prevention of Corruption Act, 1988, which is a special Act	306
Sanction must be taken before cognizance as post cognizance sanction is of no legal value	309
Sanction of prosecution challenged on ground of non-application of mind	235
Sanction order - Mere failure to mention not lead to invalidity of sanction order	276
Sanction order granted after inordinate delay of 23 years without assigning any reason, while earlier sanction for prosecution was refused by Engineer-in-chief	312
Sanction order should show that authority has consider all relevant facts and applied its mind, prosecution is under obligation to place entire record before sanctioning authority and satisfy court that authority has applied its mind	273
Sanction to prosecute – Accused charged u/ss 409, 465, 471, 477A, IPC along with section 7/13 of P.C Act	288
Sanction to prosecute – Accused public servant abusing different office than one held at time of cognizance, sanction to prosecute not necessary	274
Sanction to prosecute – Authority granting sanction must be satisfied that the facts constitute offence but failure to prove certain facts would not vitiate the sanctions	283
Sanction to prosecute – Complaint filed after the petitioner/ accused ceased to be Member of Parliament and was not holding position of public servant	289
Sanction to prosecute - Date concerning sanction submitted to PWD, secretly and same forwarded to minister of PWD	284
Sanction to prosecute - Merely irregularity or error, omission in grant sanction, a finding sentence order passed by trial court cannot be reversed or altered by appellate court unless failure of justice is occasioned	291
Sanction to prosecute - No sanction is required to file FIR or to investigate and else to file a charge-sheet before competent court	278
Sanction to prosecute - Order taking cognizance, for offence of taking illegal gratification by public servant	277
Sanction to prosecute - Provision of section 19 requiring sanction is not applicable	290
Sanction to prosecute - Sanction is not necessary cognizance taken after retirement	284
Sanction to prosecute - Secretary to State Government merely authenticating order of sanction issued in name of Governor	284
Sanction to prosecute cannot be held invalid only because administratively nothing different authorities have opined differently	268
Sanction to prosecute is not necessary if accused servant not holding post which is alleged to have been misused at the time of cognizance	269
Sanction to prosecute not bearing seal of person signing sanction order - Signature of sanction orders should be either proved by sanctioning authority	275
Sanction to prosecute was given solely on basis of report made by I.G. and material collected during investigation was not available	235
Sanction to prosecute in absence of Pleading and proof	279
Sanction u/s 19 is required of the competent authority for prosecution of public servant whether the public servant is removable by the Government or by an authority lower than the Government	299
Sanction u/s 19 of P.C. Act is condition precedent to entertain private complaint alleging offence under Prevention of Corruption Act and Special Judge	286
sanction u/s 197, CrPC can arise at any stage of the proceeding and not necessarily as soon as a complaint is filed	273
Sanction u/s 197, Cr.PC is not attracted for offence u/ss 409, 420, 467, 468,471,IPC as by no stretch of imagination by their very nature be regarded as having both committed by a public servant	313
Sanctioning authority equal in cadre to accused cannot accord sanction to prosecution of accused	308
Sanctioning authority not required to separately specify each of the offence against accused public servant	272
Sanction—The competent authority to grant sanction	258
Secretary to State Govt. signed sanction order and he had signed it only and authorisation given by competent authority	275
Section 319 of Code cannot be given priority over Section 19 of Act which requires previous sanction –	270
Special Judge proceeded for enquiry u/s 202 of Cr.PC on a complaint filed by the petitioner who is an advocate	300
Stay of proceeding -No Court can stay the proceedings under the Prevention of Corruption Act unless it is satisfied that such error, omission or irregularity has resulted in failure of surface are on any ground whatsoever may be	298
Trial Court, if found sanction other invalid should have discharged the accused rather than acquitting the accused in the terms of the section 19(3) of the Act	237
Trial of public servant for corruption charges and this also applicable to High Court when it exercises inherent Jurisdiction under section 482 of Cr. P.C	303
When a person holding office of minister and later resigns from the office of minister and continues as M.P, sanction is not necessary	270
While granting sanction the officer considered is not required to indicate that he had personally scrutinized the file and had arrived at the satisfaction for granting sanction	311
Words “removal from office” mean “putting an end employment”	271
Writ Petition challenging sanction to prosecute public servant	280

Section 20—Presumption where Public Servant accepts any undue advantage	316
Absence of any proof of demand of money and merely on ground of possession of tainted money by accused, presumption as to acceptance of illegal gratification cannot be drawn	320
Absence of complainant as regards demand of bribery, Court can draw inference of culpability of public servant on the basis of other evidence adduced by prosecution	319
Basis of Arising of Presumption Under Provision	325
Co-operative Society controlled or aided by Govt. Employees there of are public servant and their non-inclusion in clause (ix) does not exclude them from definition of 'public servant’	317
Demand and acceptance of tainted money and recovery of tainted money remained unchallenged, by the accused, presumption, thus, raised under section 20 of Act, not rebuttable by evidence of defense	319
Illegal gratification—Demand or acceptance	317
Nature of Presumption Under Provision	325
Non-necessity of Satisfaction Through Direct Evidence as Condition for Drawing of Legal Presumption	325
Only Condition for Drawing of Legal Presumption	325
Only Requirement Under Provision of Necessity of Proving of Acceptance or Agreeing for Acceptance of Gratification	326
Presumption by proving fact by preponderance of probability- Burden is not heavier than that of the prosecution which is required to prove its case beyond reasonable doubt	325
Presumption can be drawn only in respect of offence u/s 7 and not the offence u/s 13(1)(d)(i)(ii) of the Act.—	317
Presumption in law of evidence is a rule indicating the stage of shifting the burden of proof	323
Presumption is ‘Compulsory’ and not discretionary in acceptance of gratification	320, 321
Presumption merely because the amount was recovered from an accused officer	324
Presumption that money was accepted as motive or reward, cannot be raised when demand by accused has not been proved	322
Presumption under Section 20 has to be raised that it was illegal gratification	318
Presumption under Section 20(1) of P.C. Act arises only when prosecution establishes the fact that the accused received the amount otherwise than by way of legal remuneration	324
Presumptive evidence must be taken into consideration in matter of illegal gratification	321
Public servant is found in possession of currency notes smeared with phenolphalein, it is sufficient to draw legal presumption u/s 20 of the Act	319
Sanction for prosecution is not necessary it public servant is not removable from office save by or with sanction of Government	323
Anticipatory bail – Alleged offences u/s 20 (b) (ii) of Prevention of Corruption Act, 1988 and the charge-sheet itself showing that accused has remained absconded since the date of offence	323
Word ‘gratification’ must be understood to mean any payment for giving satisfaction to public servant who received it	322

Section 21—Accused person to be a competent witness

326

Section 22—The Code of Criminal Procedure, 1973 to apply subject to certain modifications

327

Section 23—Particulars in a charge in relation to an offence under Section 13 (1)(A)

328

Section 24—Statement by bribe giver not to subject him to prosecution [Now omitted]

328

Section 25—Military, Naval and Air Force or other law not to be affected

328

Section 26—Special Judges appointed under Act 46 of 1952 to be Special Judges appointed under this Act

329

Section 27—Appeal and Revision

329

Section 28—Act to be in addition to any other law

330

Section 29—Amendment of the Ordinance 38 of 1944

330

Section 29A—Power to make rules

331

Section 30—Repeal and saving

332

Section 31—Omission of certain Sections of Act 45 of 1860

332

Appendices

Appendix-1 — The Commissions of Inquiry Act, 1952	334
Appendix- 2 — The Commissions of Inquiry (Central) Rules, 1972	345
Appendix - 3 — The Public Servants (Inquiries) Act, 1850	349
Appendix- 4 — The Central Vigilance Commission Act, 2003	354
Appendix- 5 — The Delhi Special Police Establishment Act, 1946	370
Appendix- 6 — The Special Courts Act, 1979	375
Appendix - 7 — The Code of Criminal Procedure, 1973	379
Appendix-8 — The Banking Ombudsman Scheme, 2006	383
Appendix-9 — The Lokpal and Lokayuktas Act, 2013	400
Appendix- 10 — Constitution of India	403
Appendix-11 — The Prevention of Corruption Act, 1947	415
Appendix-12 — The Whistle Blowers Protection Act, 2011	421
Appendix -13 — The Prevention of Money-Laundering Act, 2002	439
Appendix -14 — The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015	500
Appendix -15 — The Criminal Law (Amendment) Ordinance, 1944	543
Subject Index	552