PC ACT 1988- Corruption

[Shivam Gupta]

Hello, I wanted to ask if there is no Demand from Accused will it still be under PC ACT. As there was no demanded from accused . The other party kept on asking first by calling the accused and then later on amount was being told out of frustration .He provoked then amount was disclosed. Is it still under PC act Section 7 and 13(2) r/w 13(1)(d).
Secondly i wanted to know what is demand as per PC ACT 1988. and what is the procedure of FIR Quash.
Looking forward for a reply
Thanks

[Dr. Ashok Dhamija]

Section 7 of the Prevention of Corruption Act, 1988, uses the expression “…accepts or obtains or agrees to accept or attempts to obtain from any person…”. This may imply that an acceptance simpliciter may also amount to the offence under Section 7 of the Act, even in the absence of a demand of bribe. However, the judgments of the superior courts on this issue are divided and there are some judgments which hold that demand is necessary for such offence, or for the offence under Section 13(2) read with 13(1)(d) of the Act.

You may consult some local lawyer at your place for a detailed opinion on judgments on this issue, in the light of detailed facts of your case to see whether demand is there or not on the facts of your case.

The word “demand” is not defined in the PC Act.

You may have to file a petition under Section 482 of the Cr.P.C. to get the FIR quashed.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Shivam Gupta]

Thank you so much sir, for the quick reply, I would also like to know if someone provoked for bribe and kept on asking the bribe amount will it still be under pc act,If not then how can I counter case on him and i also wanted to know – Do constitution of India consider audio recording as valid evidence

[Dr. Ashok Dhamija]

As regards demand of bribe, I have already answered your question. On detailed facts of your individual case, please consult some lawyer by showing him relevant details.

Secondly, yes, audio recording is a valid evidence. It is electronic evidence admissible under the relevant provisions of law. Whether or not reliable also, will depend on facts of each case.      

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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