AI Overview...
Prevention of Corruption Act, Section 13(1)(b) and Related Provisions
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Section 13(1)(b): Defines criminal misconduct by a public servant accepting gratification other than legal remuneration in relation to his official duties. Several cases highlight its application in corruption investigations involving public servants and their possession of disproportionate assets SOJI GEORGE Vs STATE OF KERALA - Kerala, P. Nallammal VS State rep. by Inspector of Police - Rajasthan, Kallappa VS Deputy Superintendent of Police - Karnataka.
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Section 13(1)(e): Addresses possession of assets disproportionate to known sources of income, constituting an offence of corruption. Courts have emphasized the need for evidence of disproportionate assets and proper investigation procedures P. Nallammal VS State rep. by Inspector of Police - Rajasthan, State Inspector of Police Visakhapatnam VS Surya Sankaram Karri - Orissa, PRATAP SHANKAR MISHRA VS STATE OF U. P. - Allahabad.
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Section 13(2): Requires prior approval from a competent authority before initiating investigation against public servants under Sections 13(1)(b) and (e). Courts have scrutinized compliance, emphasizing that non-compliance can invalidate proceedings Indrajit Bora, S/o Late Bhuban Chandra Bora VS State Of Assam, Represented By P. P. , Assam - Gauhati, State by Central Bureau of Investigation VS S. Bangarappa - Rajasthan.
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Section 17: Pertains to the approval process for investigations and inquiries related to corruption charges. The absence of prior approval under Section 17(A) can render investigations illegal, as courts have discussed the necessity of following procedural mandates Indrajit Bora, S/o Late Bhuban Chandra Bora VS State Of Assam, Represented By P. P. , Assam - Gauhati, State by Central Bureau of Investigation VS S. Bangarappa - Rajasthan.
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Section 17(1): Clarifies that any investigation or inquiry involving public servants under the Act requires prior approval from a designated authority. Non-compliance can lead to quashing of FIRs and proceedings Indrajit Bora, S/o Late Bhuban Chandra Bora VS State Of Assam, Represented By P. P. , Assam - Gauhati.
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Section 17(A): Introduces a requirement for prior approval before initiating investigation or inquiry, with courts emphasizing its importance and the consequences of non-compliance Indrajit Bora, S/o Late Bhuban Chandra Bora VS State Of Assam, Represented By P. P. , Assam - Gauhati.
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Related Case Insights:
- Courts have quashed FIRs and proceedings where procedural requirements under Sections 17 and 17(A) were not met, underscoring the importance of strict adherence to approval protocols SARASWATHY vs ASSISTATN EXECUTIVE ENGINEER - Kerala, Indrajit Bora, S/o Late Bhuban Chandra Bora VS State Of Assam, Represented By P. P. , Assam - Gauhati.
- Investigations by agencies like CBI and Vigilance Department are upheld when conducted with proper authorization, reinforcing procedural safeguards State by Central Bureau of Investigation VS S. Bangarappa - Rajasthan, PRATAP SHANKAR MISHRA VS STATE OF U. P. - Allahabad.
Analysis and Conclusion
The provisions under Sections 13(1)(b), 13(1)(e), 13(2), and 17 of the Prevention of Corruption Act, 1988, establish a structured framework for investigating and prosecuting corruption involving public servants. Central to these provisions is the requirement of prior approval from competent authorities before initiating investigations, especially under Sections 17 and 17(A). Courts have consistently emphasized the necessity of procedural compliance, with non-adherence leading to the quashing of FIRs and proceedings. Proper investigation procedures, adherence to statutory mandates, and clear evidence of assets disproportionate to income are critical elements in establishing offences under the Act.
References: - SOJI GEORGE Vs STATE OF KERALA - Kerala - SARASWATHY vs ASSISTATN EXECUTIVE ENGINEER - Kerala - P. Nallammal VS State rep. by Inspector of Police - Rajasthan - Indrajit Bora, S/o Late Bhuban Chandra Bora VS State Of Assam, Represented By P. P. , Assam - Gauhati - State Inspector of Police Visakhapatnam VS Surya Sankaram Karri - Orissa - PRATAP SHANKAR MISHRA VS STATE OF U. P. - Allahabad - Kallappa VS Deputy Superintendent of Police - Karnataka - State by Central Bureau of Investigation VS S. Bangarappa - Rajasthan - Ashok Kumar Jain VS Central Bureau of Investigation - Madhya Pradesh
Search Results for "17 a of Prevention of Corruption Act 13 1 B"
2018 Supreme(Online)(KER) 50789 • India - High Court of Kerala
R. NARAYANA PISHARADI, J
Bail - Anticipatory Bail - Code of Criminal Procedure 438 - Kerala Money Lenders Act 3, 17 - Prevention of Corruption Act 13(1 ... They were under investigation related to a corruption case. ... )(e), 13(2) - The court found that custodial interrogation was unnecessary, allowing anticipatory bail due to lack of flight risk ... The Inspector of Police, Vigilance and Anti-Corruption Bureau conducted a search in the Co-operative Society during the inves....
2016 Supreme(Online)(KER) 32995 • India - High Court of Kerala
A.M.SHAFFIQUE, J
Relief - Writ Petition - Indian Telegraph Act 1885 - Section 17, Prevention of Corruption Act 1988 - Section 13(1) - The court ... emphasized the role of the competent authority under Section 17, indicating that any decision must come from the authority prior ... (1) of the Prevention of Corruption Act, 1988. ... Apparently, what is being considered by the competent authority under Section 17 of the Indian Telegraph Act#HL....
1999 0 Supreme(Raj) 547 • India - Rajasthan
M.B.SHAH, K.T.THOMAS
(Paras 17, 20 & 21)(b) Prevention of Corruption Act, 1988, Sec. 13(1)(e) – Ingredients of offence (i) Possession of property disproportionate ... (a) Prevention of Corruption Act, 1988, Section 13(1)(e) and Penal Code, Section 107 – Abatement of offence – Commission of offence ... by Public Servant under Section 13(1)(e) – Abatement by non-public servant – Abettor has also to be tried along with public servant ... Parliament later p....
2024 0 Supreme(Gau) 241 • India - Gauhati
ROBIN PHUKAN
Section 17(A) - Prevention of Corruption Act - [13(2), 13(1)(b)] - The court discussed the applicability ... of section 17(A) of the Prevention of Corruption Act and its requirement for previous approval for conducting an inquiry or investigation ... The court also discussed the consequence of non-compliance with the approval requirement under section 17(A) of the Prevention of ... Before the case came to be registered on 15.09.2023....
2018 Supreme(Online)(KER) 56757 • India - High Court of Kerala
K.ABRAHAM MATHEW, J
Sewerage - Quashing FIR - Kerala Water Supply and Sewerage Act 1986 - Sections 16, 17; Prevention of Corruption Act Sections 13 ... The request led to accusations against public servants of corruption for favoring the company, resulting in the FIR that was contested ... (2), 13(1)(d), 120B - The Supreme Court analyzed the provisions regarding ownership and vesting rights of the Kerala Water Authority ... (C).Nos.36735, 37237 and 39469 of 2017 4 suspected commission of....
2006 0 Supreme(Ori) 593 • India - Orissa
S.B.SINHA, DALVEER BHANDARI
PREVENTION OF CORRUPTION ACT, 1988 - Sec. 17, 13(1)(e) - Corruption case against public servant - An offence under Sec. 13(1)(e) ... ... (Paras - 13 to 17) ... ... 1. ... The Prevention of Corruption Act was enacted to consol¬idate and amend the law relating to prevention of corruption and for matters connected therewith. The Act is a Sp....
2018 0 Supreme(All) 1038 • India - Allahabad
B.AMIT STHALEKAR, JAYANT BANERJI
Prevention of Corruption Act, 1988 – Sections 17, 13(1)(e) – General Clauses Act, 1897 – Section 21 – Corruption – Public Servant ... 17 of 1988 Act – Investigation by a Police Inspector of Vigilance Department proper – Challenge against impugned G.O. dated 9.10.1995 ... – Demand of bribe – Investigation into offence under Section 13(1)(e) – Authorisation – Quashing of G.O. dated 9.10.1995 sought ... in the Court o....
2023 0 Supreme(Kar) 951 • India - Karnataka
M. NAGAPRASANNA
CORRUPTION - PREVENTION OF CORRUPTION ACT - Sec. 13(1)(b), Sec. 13(2), Sec. 17 - The court discussed the ... provisions of the Prevention of Corruption Act, particularly Sections 13(1)(b) and 13(2), which define criminal misconduct by public ... former professor and registrar at Karnataka University, challenged the registration of a crime against him under the Prevention of ... A complaint comes t....
2000 0 Supreme(Raj) 817 • India - Rajasthan
K.T.THOMAS, R.P.SETHI
(Para 11)(c) Prevention of Corruption Act, 1988, Sec. 17 and 13(1)(e) – Investigation by inspector of C.B.I. – Not illegal u/Sec. ... (a) Prevention of Corruption Act, 1988, Sec. 13(1)(e) and 13(2) – Possession of pecuniary resources and assets in disproportionate ... (Para 22)(b) Prevention of Corruption Act, 1988, Sec. 131(1)(e) and 13(2) read with Cr.P.C., 1973, Sec. 482 – Quashing Trial – Tria....
2011 0 Supreme(MP) 383 • India - Madhya Pradesh
R.C.MISHRA, VIMLA JAIN
Prevention of Corruption Act - Investigation - Section 17, 13(1)(e), 13(2), 120B, 201, 465, 471 of IPC - Summary of Acts and Sections ... of the Case: The case involved petitions arising from the same proceedings before the Special Judge under the Prevention of ... By virtue of the provisions of the Prevention of Corruption (Second Amendment) Act, 1952,- ... (a) the proviso to Section 3 was omitted and it was further amended by add....
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