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Dec 31, 2022

SC Rules Mere Acceptance or Receipt of Illegal Gratification Would Not Constitute Offence Under Prevention of Corruption Act

In Neeraj Dutta v. State (Government of National Capital Territory of Delhi),[1] the SC held that the proof of demand by a public servant and the subsequent acceptance of illegal gratification both are sine qua non for an offence to be established offence under the Prevention of Corruption Act, 1988 (‘Prevention of Corruption Act’). Therefore, mere acceptance or receipt of an illegal gratification without anything more would not constitute an offence under Section 7 or Section 13(1)(d), (i) and (ii) of the Prevention of Corruption Act.

 

[1] Neeraj Dutta v. State (NCT of Delhi), 2022 SCC OnLine SC 1724

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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