Tag: Anti-Corruption Laws

Public Servant’s Spouse Can Be Convicted for Aiding Corruption: Supreme Court Upholds Conviction in Corruption Case: Prevention of Corruption Act, 1988
Supreme Court

Public Servant’s Spouse Can Be Convicted for Aiding Corruption: Supreme Court Upholds Conviction in Corruption Case: Prevention of Corruption Act, 1988

The Supreme Court upheld the conviction under Section 109 IPC read with Sections 13(1)(e) & 13(2) of the Prevention of Corruption Act, 1988, ruling that a non-public servant (appellant) can abet the offence of possessing disproportionate assets by aiding a public servant (her husband). Relying on P. Nallammal (1999), the Court held that concealing illicit assets in the appellant’s name constituted intentional aid under Section 107 IPC, irrespective of marital status. The 2018 amendment to Section 12 of the PC Act (explicitly punishing abetment) was noted, though the offence was abettable even prior. The judgment reaffirms that abetment charges apply when a person facilitates the concealment of disproportionate wealth. Facts Of The Case: The case involves P. Shanthi Pugazhenthi, an As...
Supreme Court Rules Stamp Vendors as Public Servants Under Anti-Corruption Law : Landmark Judgement
Supreme Court

Supreme Court Rules Stamp Vendors as Public Servants Under Anti-Corruption Law : Landmark Judgement

The Supreme Court held that licensed stamp vendors qualify as "public servants" under Section 2(c)(i) of the Prevention of Corruption Act, 1988, as they perform a public duty and are remunerated by the government through discounts. However, the appellant’s conviction was overturned due to insufficient proof of demand and acceptance of illegal gratification. The Court emphasized a purposive interpretation of anti-corruption laws to curb corruption effectively. Facts Of The Case: The case arose from an incident on 9 December 2003, when a complainant visited the Sub-Registrar’s Office in Janakpuri, Delhi, to purchase a stamp paper worth ₹10. The appellant, a licensed stamp vendor, allegedly demanded ₹12 instead. The complainant filed a complaint with the Anti-Corruption Branch (ACB), leadin...