Poca act

[Amit Kumar]

Dear sir
In trap case under poca my friend a govt servant in excise deptt was falsely trapped under conspiracy. Does section 7 and 13 of poca act is stil applicable in court of law if there was no work involved.the person who got him trapped using audio recording has done no work in his office nor Wil do any work in future and there is no work of his firm.he induced my friend on pretext of doing Som work in future and got him trapped due to office politics he has never done any work nor intends to do in future

[Dr. Ashok Dhamija]

If he has demanded / accepted the bribe, he may still be charged under Section 7 and 13 of the Prevention of Corruption Act, 1988, though it all depends on the detailed facts of the case.

Please note that Explanation (d) to Section 7 is as under:

“(d) “A motive or reward for doing.” A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression.”     

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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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