PC Act 1988 – acquittal in S. 7 but conviction in S. 13(2) read with 13(1)(d)

[Saurabh Singh]

My appeal is pending in cg high court….i am aquital in section in (7) but i m convicted in section 13(1)d and 13(2),,,…..as per law this is possible or not….

[Dr. Ashok Dhamija]

Yes, legally it is possible that a person is convicted under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, but is acquitted under Section 7 thereof in the same case.

Generally, in a trap case of bribery against a public servant, both Section 7 and Section 13(1)(d) are applied. Both these offences are similar, but they are not the same. Their ingredients are different. Therefore, in certain cases, it may be legally possible that offence under one of these two legal provisions is proved, but there is no evidence to prove the second offence. Accordingly, acquittal under one section and conviction under the other is possible under law. It depends on facts of the individual 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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