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Prevention of Corruption Act

The Prevention of Corruption Act, 1988, governs criminal liability of public servants in India for accepting bribes, abusing official position, or possessing disproportionate assets.

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Special Judge Loses Cognizance Jurisdiction Once Charge-Sheet Omits PC Act Offences; Transferee Magistrate Must Pass Fresh BNSS Remand Orders : Bombay HC
Case Law Analysis

Special Judge Loses Cognizance Jurisdiction Once Charge-Sheet Omits PC Act Offences; Transferee Magistrate Must Pass Fresh BNSS Remand Orders : Bombay HC

Bombay HC held that a Special Judge under the PC Act loses cognizance jurisdiction once the charge-sheet omits corruption offences. The transferee magistrate must pass fresh cognizance and remand orders under the BNSS; failure renders detention illegal. Two accused were released where the CBI charge-sheet dropped PC Act charges but the Special Judge retained the file without valid BNSS remand orders.

Three-Stage Attribution Framework for Corporate Mens Rea Established | Non-Identification of Natural Persons No Ground to Quash Proceedings Under Section 482 CrPC : SC
Case Law Analysis
|Supreme Court of India

Three-Stage Attribution Framework for Corporate Mens Rea Established | Non-Identification of Natural Persons No Ground to Quash Proceedings Under Section 482 CrPC : SC

The Supreme Court adopts a three-stage attribution framework derived from English jurisprudence (Tesco, Meridian, Barclays) to determine corporate mens rea, clarifying that a corporation can be prosecuted even if no individual officer is identified or arraigned, as non-identification alone does not warrant quashing proceedings under Section 482 CrPC.

Conviction Quashed for Absence of Valid Sanction under Section 13(2) PC Act | Sanction Requirement for Public Servant Offences : HP HC
Case Law Analysis
|Himachal Pradesh High Court

Conviction Quashed for Absence of Valid Sanction under Section 13(2) PC Act | Sanction Requirement for Public Servant Offences : HP HC

The Himachal Pradesh High Court annulled the conviction of a public servant under Section 13(2) of the Prevention of Corruption Act because the prosecution lacked a valid sanction, rendering the proceedings non-est. The ruling reinforces that any PC-Act charge against a public servant must be preceded by a proper sanction, or the case is liable to be dismissed. This decision benefits officials facing similar charges where sanction was not duly obtained.

Administrative lapses in teacher recruitment do not attract liability under Section 13(1)(d) PC Act | Recruitment case : MP HC
Case Law Analysis
|Madhya Pradesh High Court

Administrative lapses in teacher recruitment do not attract liability under Section 13(1)(d) PC Act | Recruitment case : MP HC

The Madhya Pradesh High Court acquitted several officials, ruling that mere administrative irregularities in a teacher recruitment process cannot satisfy the ‘dishonest or fraudulent intention’ element of Section 13(1)(d) of the Prevention of Corruption Act. The decision narrows the Act’s reach, protecting officials from prosecution where only procedural lapses occur.

Prior sanction essential for cognizance under Sec 19 PC Act (Amend.) 2018; amendment applies only prospectively | Delhi HC
Case Law Analysis
|Delhi High Court

Prior sanction essential for cognizance under Sec 19 PC Act (Amend.) 2018; amendment applies only prospectively | Delhi HC

The Delhi High Court held that Section 19 of the Prevention of Corruption Act (Amendment) 2018 makes prior governmental sanction a pre-condition for taking cognizance, and that the amendment operates only prospectively, leaving cases where cognizance was taken before 26 July 2018 untouched. This confines the amendment’s effect to pending and future prosecutions of public servants.

Section 482 CrPC | Mini-Trials Not Permitted in Pre-Investigation FIR Quash; Only Prima Facie Review Allowed : SC
Case Law Analysis
|Supreme Court of India

Section 482 CrPC | Mini-Trials Not Permitted in Pre-Investigation FIR Quash; Only Prima Facie Review Allowed : SC

The Supreme Court overturned Karnataka High Court orders that had quashed six corruption-related FIRs, holding that Section 482 CrPC authorises only a prima-facie check and cannot be used to conduct a mini-trial before investigation. This limits High Courts’ power to dismiss FIRs and safeguards the investigative process for accused officials.

Anticipatory Bail Denied in Rs. 310.20 Crore Land Acquisition Fraud | BNS 316(5) & POC Act 1988 : Bombay HC (Aurangabad)
Case Law Analysis
|Bombay High Court

Anticipatory Bail Denied in Rs. 310.20 Crore Land Acquisition Fraud | BNS 316(5) & POC Act 1988 : Bombay HC (Aurangabad)

Bombay High Court (Aurangabad Bench) denied anticipatory bail to an Assistant Revenue Officer in a Rs. 310.20 Crore land acquisition fraud case, stressing custodial interrogation for effective investigation under Bharatiya Nyaya Sanhita and Prevention of Corruption Act. The ruling underscores the court's stance on fraudulent award disbursements and the necessity of custodial probes in high-stakes corruption matters.

Prevention of Corruption Act | No Prior Sanction Under Section 17A Required for Disproportionate Assets Offences: Gauhati HC
Case Law Analysis
|Gauhati High Court

Prevention of Corruption Act | No Prior Sanction Under Section 17A Required for Disproportionate Assets Offences: Gauhati HC

Gauhati High Court rules that offences involving disproportionate assets under the Prevention of Corruption Act do not require prior sanction under Section 17A, reinforcing that quashing proceedings at the trial stage should be exceptional. This holding clarifies the procedural safeguards for prosecuting public servants accused of amassing assets beyond known sources of income.

BNSS Section 528 | Rajasthan HC Mandates Same-Day Bail for Non-Arrested Accused in Corruption Cases Under Satender Kumar Antil Precedent
Case Law Analysis
|Rajasthan High Court

BNSS Section 528 | Rajasthan HC Mandates Same-Day Bail for Non-Arrested Accused in Corruption Cases Under Satender Kumar Antil Precedent

Rajasthan High Court directs trial courts to release accused on bail the same day if a charge-sheet is filed without arrest, reinforcing the right to speedy investigation under Satender Kumar Antil and Ashok Kumar precedents. The ruling applies specifically to corruption cases under the Prevention of Corruption Act, ensuring non-arrested accused are not subjected to unnecessary detention.

Karnataka Land Revenue Rules | Government 'B' Kharab Land Inalienable: HC Rejects Quashing of FIR Against Public Servants for Illegal Conversion : Karnataka HC
Case Law Analysis
|Karnataka High Court

Karnataka Land Revenue Rules | Government 'B' Kharab Land Inalienable: HC Rejects Quashing of FIR Against Public Servants for Illegal Conversion : Karnataka HC

Karnataka High Court affirms that Government 'B' Kharab land is inalienable, dismissing petitions to quash FIRs under the Prevention of Corruption Act. The ruling underscores the necessity of investigation into alleged illegal conversion by public servants to uphold public trust and land revenue laws.