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Ch-4 Judicial Descision
Ch-4 Judicial Descision
A public worker may not make an illegal purchase or bid on property under Section 169 of the
Indian Penal Code, 1860. This section expands on the provisions of Code Section 168. Property
sold by a public servant in his official role is the only kind covered by this provision. This is
predicated on the idea that he will be able to sway the transaction in his favour if he is given
preference over the opposing party.However, this clause does not apply if the public servant's
position is unrelated to the transaction and he is not acting in his official capacity when making
the purchase or bid. A police officer's purchase of an impounded pony at auction23 and a District
Board member's purchase of a buffalo at auction both fall beyond the scope of this provision.
In R. SaiBharathi v. J. Jayalalitha26, the Supreme Court of India ruled that a public servant is
prohibited from unlawfully purchasing or bidding for property under section 169 of the Indian
Penal Code, 1860, but that this prohibition must flow from enacted law or rules/regulation
framed there under. No order from the president could ever be regarded a law. Therefore, the
Governor's code of conduct establishing standards for ministers' behaviour lacks statutory
authority and cannot be enforced in court. Therefore, the Chief Minister may legally acquire
property from a government-owned corporation. As a result, the prosecution's case under Section
169 of the Indian Penal Code, 1860 is likely to be dismissed.
To prevent the overthrow of the Narsimha Rao Government in the case of P.V. NarsimhaRaov.
State30, Sibu Soren & Suraj Mandal embezzled funds. Politicians are expected to ensure the
financial stability of their parties while also protecting themselves and their families from the
future's unknowns. As a result, ties between government officials and criminal organisations
strengthened.
Also, in Shanti Lal v. State34, the accused candidate for election orders his agent to financially
induce his opponent to drop out of the race. The agent then makes a sizable offer to the opponent
on the condition that he not run. According to the Indian Supreme Court, the accused's actions
meet the criteria for bribery as set forth in Section 171-B of the Indian Penal Code 1860.
The Supreme Court has already ruled that even a little act of bribery committed by or with the
knowledge and cooperation of the candidate or by his agent renders an election null and void
THIS is an exception to this rule. In this case, the Deputy Chief Minister of Maharashtra
promised to accredit a member of the Republican Party of India as Deputy Chief Minister of
State if the RPI supported his alliance in the upcoming parliamentary election. It was decided
that the statement in question did not constitute bribery as defined by Section 171-B of the Indian
Penal Code because it did not make any kind of offer to anyone. Nothing in the statement should
be interpreted as encouraging any particular kind of voting behaviour. So, under Section 171-B
of the Indian Penal Code, 1860, offering a political party a piece of the political power in
exchange for their support during an election campaign is not considered gratification.
Election petition filed in Govind singh v. HarchandKaur37 alleges returning candidate engaged
in corrupt practise by improperly authorising pension payments to the elderly and the disabled.
Since the High Court found that the evidence relied on by the prosecution was insufficient to
support the charge of corrupt practises even by a preponderance of probability, the appeal was
granted. As a result, the Supreme Court reversed a High Court ruling that invalidated the
appellant's election.
They will even go so far as to deliberately contaminate food and drink with harmful chemicals.
False alcoholic beverages and tainted foods are blamed for a number of annual deaths.89 Laws
have not been able to stop the problem of food adulteration, despite the fact that it is illegal under
the Indian Penal Code (1860), the Prevention of Food Adulteration Act (1954), and the Food
Safety and Standards Act (2006). The provisions of the Indian Penal Code, 1860, pertaining to
the adulteration of food stuffs and pharmaceuticals are worth discussing in greater depth. In the
case of Rajiv Kumar Gupta v. State of Uttar Pradesh (1991), the Supreme Court found that
Rajnigandha Pan Masala contained magnesium carbonate, a banned substance, despite the
company's false claims to the contrary in its newspaper ads and licence application. Since a
thorough investigation could not be conducted without the consent of the board of directors, it
was determined that doing so would serve the public interest.