No Prior Sanction of the Government Needed for Inquiry or Investigation in Some Circumstances

16 May 2025Posted inCorruption & Bribery cases, Criminal lawNo Comments
The prior sanction of the Government, as mandated under Section 17A of Prevention of Corruption Act (PC Act) in regard to recommendations made or decisions taken, would not be necessary when the act of the public servant is ex-facie criminal or constitutes an offence. This is what the Supreme Court (SC) states in the judgement in Shankara Bhat and Others v. State of Kerala and Others [2021(5) KHC 248].

Sanction Required to Prosecute a Public Servant if the Alleged Act is Connected to Official Duties

14 May 2025Posted inCorruption & Bribery cases, Criminal lawNo Comments
The Section 197 of the Code of Criminal Procedure (CrPC) protects the public servants from frivolous or vexatious prosecution by requiring prior sanction from the Government before they can be prosecuted for acts allegedly committed in the discharge of their official duties and such protection extends even to acts carried out in excess of official duties, as long as there is a reasonable nexus between the alleged act and the discharge of official functions, says the Supreme Court (SC) in G.C. Manjunath v Seetaram [2025 INSC 439].

Demand of Bribe to be Proved in Bribery Case : SC Constitutional bench

30 April 2025Posted inCorruption & Bribery cases, Criminal law
A Constitutional Bench of the Supreme Court (SC) declares, in Neeraj Dutta v State ( Govt of NCT, New Delhi) [2023(1) KLD 1 (SC), that the proof of demand and acceptance of illegal gratification by a Public Servant is a sine qua non to establish the guilt under Section 7 & 13 (1) (d) (i) of the Prevention of Corruption Act, 1988 (PCA).

Granting Anticipatory Bail : SC Guidelines

13 April 2025Posted inCriminal law
A great ignominy, humiliation and disgrace is attached to arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community, says the Supreme Court (SC) in Bhadresh Bipinbhai Sheth v State of Gujarat & Another [ AIR 2015 SC 3090].

Abetment of Suicide can be Charged only When the Harassment Leaves no Alternative but Suicide

31 March 2025Posted inCriminal law
Abetment of suicide can be charged against a person only when the alleged harassment should be of such nature that it leaves the victim with no other alternative but to end their life, says the Supreme Court (SC) in Mahendra Awase v The State of Madhya Pradesh [2025 INSC 76], and Ayyub & Others v State of Uttar Pradesh & Another [2025 INSC 168].

A Cognizable Offence must be Reported to the Police before Making a Private Complaint about it to the Magistrate

26 March 2025Posted inCriminal law
A person aggrieved by a cognizable offence committed by someone else must first inform the officer in charge of a police station, who is required to record it in writing, read it back to the informant, and obtain their signature, under Section 154(1) of the Code of Criminal Proceedure,1967 (CrPC), says the Supreme Court ( SC) in Ranjit Singh Bath & Anr. v Union Territory Chandigarh & Anr.