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Anti Corruption Cases: BY Deputy Legal Advisor CBI, Mumbai (Zone-I & Zone-II)
Anti Corruption Cases: BY Deputy Legal Advisor CBI, Mumbai (Zone-I & Zone-II)
BY
Shri. K.Sudhakar,
Deputy Legal Advisor
CBI, Mumbai
(Zone-I & Zone-II)
Need For Training Module
The need for organizing ‘Training Module’ to
meet the Press on the subject is felt to enrich
the Media with the anti-corruption cases and its
governing laws.
Organizing Workshops and Training Module
with the media is not new and earlier the Press
Council of India in association with Hon’ble
Supreme Court of India and National Legal
Services Authority and Editors Guild of India
organized workshops on the reporting of court
proceedings by Media and Administration of
Justice.
Media has been recognized as “FOURTH
ESTATE” , occupies very important and
significant place in a Democracy along
with Legislature, Executive and Judiciary.
Freedom of Speech and Expression are
recognized under Article-19 (1) (a) of
the Indian Constitution subject to
certain restrictions.
Media is expected and obliged to work
within the frame-work of the Constitution
and other relevant Acts.
The basic role of Media is to inform,
educate and guide the society and it is a
‘Potent Organ’ of communication which
can keep the society well informed about
the violation of laws.
We have witnessed that the Media has
exposed powerful personalities stand
before the law of the land. It is a matter
of concern that at times, the Media has
become more proactive by liberally
commenting on the role of police in the
investigation.
Such actions of Media often influence the
general public to believe the same and
putting undue pressure on the course of
fair investigation by the police. The end
result is loss of public faith in police and
investigating agency. Hence, the Media
needs a vigilant reporting. The reporters of
Media should have some basic knowledge
about the cases which fall under the
category of “Anti Corruption”.
Hence, to enrich with the subject and to
refresh with the Anti Corruption Law, this
Training Module, Meet-The-Press is
coined.
EVOLUTION OF LAW
INDIAN PENAL CODE was brought into force
from 01.01.1862, though it received assent of
Governor General of India on 6th October
1860.
Indian Penal Code Chapter-IX deals with all
offences by or relating to public servant. This
Chapter does not deal with misconduct and
abuse of power by the public servant.
Section 161 to 165 of IPC deals with various
offences of corruption and this is the first step to
fight against corruption committed by the public
servants.
Section 161 of IPC deals with a public servant
who accepts or obtains or agrees to accept from
any person for himself or for any other person
any gratification other than the legal
remuneration.
Section 162 of IPC deals with a person who
accepts or obtains or agrees to accept or
attempts to obtain for himself or for any other
person any gratification by corrupt or illegal
means to influence a public servant.
Section 163 of IPC deals with a person who
accepts or obtains or agrees to accept or
attempts to obtain for himself or for any other
person any gratification for inducing and by
exercise of personal influence with any public
servant.
Section 164 of IPC deals with abetment of
offence of sec.162 and 163 IPC.
Section 165 of IPC deals with a public servant
who accepts or obtains or agrees to accept or
attempts to obtain for himself or for any other
person any valuable thing without any
consideration or less consideration.
There was no offence till 1952 for
abetment of any offence u/sec.161 or 165.
Hence, in 1952, by way of Criminal Law
Amendment, 165-A was inserted to make
abettor of sec.161 or 165 of IPC as
offenders.
What amounts to a bribe?
I. The receiver must be a public servant.
II. He must solicit or receive illegal gratification.
III. He must have received the same as a motive
or reward.
IV. It should be other than legal remuneration.
Motive is for doing a future act.
Reward is for a past act.
Mere demand of bribe by a public servant is an
offence u/sec. 161 IPC (Mubarak Ali v/s State
AIR 1958 MP page-157).
Gratification is not restricted to pecuniary
gratification or estimable in money (C.I. Emden
v/s State of UP AIR 1960 SC 548).
During 2nd World War, there was large scale of
corruption in War Dept. which necessitated for
creation of a Special Police Establishment to
curb corruption.
Later the Special Police Establishment became the
Central Bureau of Investigation.
There was no special act for Prevention of
Corruption till 11th March 1947.
A Special Act i.e. Prevention of Corruption
Act, 1947 came into existence from 11th
March 1947 to make more effective
provision for the prevention of bribery and
corruption.
By enacting the Special Act, in addition to
IPC provisions (Sec.161 to 165) Criminal
Misconduct was made as an offence as
per Sec.5 of PC Act, 1947.
Criminal Misconduct
1. If a public servant habitually accepts any
bribe. This offence is aggravated form of 161
IPC.
2. If a public servant habitually accepts any
valuable thing without consideration or for less
consideration with whom he transacted
business or about to be transacted. It is
aggravated form of sec. 165 IPC.
3. Fraudulently misappropriates or converts
for his own use any property entrusted to him
or under his control or allows any other
person.
4. By corrupt and illegal means or
otherwise by abusing his official position
as public servant obtains any valuable
thing or pecuniary advantage.
5. Possession of Disproportionate Assets.
To consolidate the law relating to the
Prevention of Corruption, the old PC Act
is repealed, and the provisions of
Section 161 to 165-A IPC were also
repealed by introducing PC Act, 1988
which came into effect from
09.09.1988.
Under this Act, the provisions of IPC and the
provisions of Sec. 5 of PC Act, 1947 were put
together as under: