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Section 219 IPC - Defines the offense where a public servant, in a judicial proceeding, makes a report, order, verdict, or decision corruptly or maliciously. The court emphasized the importance of proving the ingredients of the offense, such as corrupt or malicious intent by the public servant K. R. Vittal Raman, Inspector of Police, Ayyanavaram Police Station, Madras and another VS K. Mathews - Madras.
Section 220 IPC - Addresses the offense where a public servant, in a judicial proceeding or otherwise, uses his lawful power to cause a person to do or omit to do something, which would be an offense if committed by a private individual. The scope includes acts of omission or commission by public servants that result in criminal misconduct Chaman Lal Sankhla VS State Of Haryana - Punjab and Haryana.
Punishment for Public Servants - The minimum punishment under Section 7 (related to accepting illegal gratification) is six months, and under Section 13(1)(d) (criminal misconduct) is one year. If illegal gratification is accepted pursuant to a demand, it falls under these provisions, and the burden of proof lies on the public servant to establish innocence The State VS A. Parthiban - Orissa, R. Narayanaswamy VS State of Karnataka - Karnataka, State rep. by Inspector of Police, Pudukottai, Tamil Nadu VS A. Parthiban - Crimes.
Sanction and Prosecution - The court discussed the necessity of sanction under Section 197 of Cr.P.C. for prosecuting public servants, highlighting the scope of revisional courts in such cases. Sanction is essential for prosecuting public servants under these sections, and the absence of sanction can render proceedings unsustainable Chaman Lal Sankhla VS State Of Haryana - Punjab and Haryana.
Legal Proceedings and Offenses - The law stipulates that prosecution under Sections 219 and 220 requires specific ingredients to be proved, such as corrupt or malicious intent and the use of lawful power to commit misconduct. The courts have held that if these ingredients are not established, charges under these sections may not be sustainable P. Balasubramaniyan VS Registrar (Judicial) - Madras, K. R. Vittal Raman, Inspector of Police, Ayyanavaram Police Station, Madras and another VS K. Mathews - Madras.
Corrupt Practices and Illegal Gratification - Acceptance of illegal gratification by a public servant, especially if in pursuance of a demand, constitutes an offense under IPC and the Prevention of Corruption Act. The burden of proof is on the public servant to show innocence, and minimum punishments are prescribed for such offenses The State VS A. Parthiban - Orissa, R. Narayanaswamy VS State of Karnataka - Karnataka, State rep. by Inspector of Police, Pudukottai, Tamil Nadu VS A. Parthiban - Crimes.

Analysis and Conclusion:
Provisions under IPC Sections 219 and 220 criminalize misconduct by public servants in judicial or official capacities, specifically targeting corrupt or malicious acts and misuse of lawful power. The law mandates strict proof of ingredients like corrupt intent and lawful authority, and prosecution requires prior sanction under Cr.P.C. to ensure accountability. The minimum punishments are clearly specified, emphasizing the gravity of offenses involving illegal gratification or misconduct. Courts have consistently underscored the importance of establishing these elements for successful prosecution under these sections Chaman Lal Sankhla VS State Of Haryana - Punjab and Haryana, K. R. Vittal Raman, Inspector of Police, Ayyanavaram Police Station, Madras and another VS K. Mathews - Madras.

References:
- Chaman Lal Sankhla VS State Of Haryana - Punjab and Haryana
- The State VS A. Parthiban - Orissa
- P. Balasubramaniyan VS Registrar (Judicial) - Madras
- K. R. Vittal Raman, Inspector of Police, Ayyanavaram Police Station, Madras and another VS K. Mathews - Madras
- STATE OF KARNATAKA VS NAGAPPA - Karnataka
- R. Vasudevan VS CBI - Delhi
- R. Narayanaswamy VS State of Karnataka - Karnataka
- Advocate General, A. P. Hyderabad VS Rachapudi Subba Rao - Madras
- State rep. by Inspector of Police, Pudukottai, Tamil Nadu VS A. Parthiban - Crimes
- State of Karnataka (Madiwala Police Station, Bengaluru) Through Central Bureau of Investigation VS Abdul Kareem Telgi @ Kareem Lala S/o Lad Sab Telgi - Karnataka

Search Results for "Punishment to Public Servant in Ipc 219 220"

2008 0 Supreme(P&H) 416 • India - Punjab and Haryana

HARBANS LAL

The court also considered the need for sanction under Section 197 of Cr.P.C. for public servants and the scope of revisional Court's ... The court discussed the applicability of Section 219 and 220 of the Cr. ... Ratio Decidendi: The court interpreted the provisions of Section 219 and 220 of Cr. ... Budhikota Subharao, 1993 (2) Recent Criminal Reports 482, sanction for prosecution of th....

2006 0 Supreme(Ori) 647 • India - Orissa

ARIJIT PASAYAT, R.V.RAVEENDRAN

But if the acceptance of an illegal gratification is in pursuance of a demand by the public servant, then it would also fall under ... In this case, minimum punishment under Section 7 is six months and the minimum punishment under Section 13(1)(d) is one year. ... If an offence falls under both Sections 7 and 13(1)(d) and the Court wants to award only the minimum punishment, then the punishment#....

P. Balasubramaniyan VS Registrar (Judicial)

2018 0 Supreme(Mad) 647 • India - Madras

M.SATHYANARAYANAN, R.HEMALATHA

India, 1950 r/w Sec. 166, 219, 220 of IPC 1860] Fact of the Case: The appellant, an Advocate, filed a writ petition ... Maintainability - Advocate - IPC 1860, Cr.P.C. 1973 - [MISCONDUCT] - [JUDICIAL DECORUM] - [ARTICLE 20(1) of the Constitution of ... The law under Section 219 of IPC, 1860, “Whoever, being a Public Servant, corruptly or maliciously ma....

K. R. Vittal Raman, Inspector of Police, Ayyanavaram Police Station, Madras and another VS K. Mathews

1994 0 Supreme(Mad) 426 • India - Madras

PRATAP SINGH

Indian Penal Code, 1860-Section 219 - Code of Criminal Procedure Code,1974-Section 482 -Ingredients fir iffebce y.s 219-In complaint ... ingredients for the offence not forthcoming-Prosecution of accused for offence u/s 219 not sustainable. ... The next offence alleged is one under Sec. 219 I.P.C As per Sec. 219, I.P.C whoever being a public#....

1995 0 Supreme(Kar) 156 • India - Karnataka

K.B.NAVADGI

, 220, 238, 250, 251-A, 252, 257 - INDIAN PENAL CODE, 1860 - SECTIONS 312, 376 - SPECIAL COURT - JURISDICTION - PROCEDURE - TRIAL ... ATROCITIES) ACT, 1989 - SECTIONS 3, 4, 5, 6, 14, 18, 19, 20, 26 - CODE OF CRIMINAL PROCEDURE, 1973 - SECTIONS 4, 5, 26, 190, 193, 219 ... Penal Code (IPC). ... servant and thereby causes such public servant to use his lawful power to the ....

2012 0 Supreme(Del) 1583 • India - Delhi

M.L.MEHTA

Criminal Procedure Code - Section 13(2) r/w 13(1)(e) PC Act, Section 7, 8, 12, r/w 13(2) PC Act & 13(1)(d) of PC Act r/w Section 120-B IPC ... court dismissed the application for a joint trial of two FIRs under different sections of the Prevention of Corruption Act and IPC ... Case: The petitioner sought a joint trial for two FIRs under different sections of the Prevention of Corruption Act and IPC ... Ingredients of the offence under Sect....

2013 0 Supreme(Kar) 557 • India - Karnataka

N.ANANDA

servant, the burden is on public servant to establish that it was not by way of illegal gratification and burden was not discharged ... But if the acceptance of an illegal gratification is in pursuance of a demand by the public servant, then it would also fall under ... In this case, minimum punishment under Section 7 is six months and the minimum punishment under Secti....

Advocate General, A. P. Hyderabad VS Rachapudi Subba Rao

1990 0 Supreme(Mad) 991 • India - Madras

IMMANENI PANDURANGA RAO, M.N.RAO, N.D.PATNAIK

U/S. 219 IPC, if a public servant, in as judicial proceeding, makes corruptly or maliciously any report, order, verdict or decision ... servant u/S. 21(3) IPC. ... A judge of the High Court certainly answers the description of "public servant" within the meaning of S. 21 IPC, and the provisions

State rep. by Inspector of Police, Pudukottai, Tamil Nadu VS A. Parthiban

• India - Crimes

ARIJIT PASAYAT, R.V.RAVEENDRAN

But if the acceptance of an illegal gratification is in pursuance of a demand by the public servant, then it would also fall under ... That is the essence of Section 71 IPC, in the back drop of Section 220 Cr.P.C. ... In this case, minimum punishment under Section 7 is six months and the minimum punishment under Section 13(1)(d) is one year. ... But if the acceptance of an illegal gratif....

State of Karnataka (Madiwala Police Station, Bengaluru) Through Central Bureau of Investigation VS Abdul Kareem Telgi @ Kareem Lala S/o Lad Sab Telgi

2017 0 Supreme(Kar) 1161 • India - Karnataka

RAVI MALIMATH, JOHN MICHAEL CUNHA

illegal gratification by public servant himself, but also for other persons. ... NO. 49/1988] - Section 13(1)(d) - Criminal misconduct by public servant - Misconduct of providing facilities to in-custody accused ... person' - It includes act of omission or commission by public servant, by which any person obtains for himself or for any other ... Criminal misconduct by a public#....

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