Corruption-Why Only Simple Imprisonment To Public Servants When PC Act Does Not Specify Description? Supreme Court

The Supreme Court on Friday expressed the opinion that corruption matters must be dealt with strictly and the convicted public servants need not necessarily be awarded simple imprisonment, particularly because the Prevention of Corruption Act, 1988 does not specify this description.The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing an SLP against a September, 2020 decision of the Karnataka High Court upholding the Special Court's conviction of the petitioner under sections 7 (the unamended section 7 as it stood at the relevant time; 'Penalty for the offence of Public servant taking gratification other than legal remuneration in respect of an official act'), 13(1)(d) and 13(2) (the unamended section 13 as it stood at the relevant time; 'Criminal Misconduct by a Public servant') of the PC Act, and confirming the order of simple imprisonment for a period of six months with fine for the offence punishable under Section 7, but reducing the quantum of the sentence, in view of his old age, to one and half year from two years of simple imprisonment under Section 13(1)(d) read with Section 13(2). After the SLP was dismissed, Justice Shah remarked, "Just a thought- I have seen all High Courts, all courts awarding only simple imprisonment in these cases in which public officers are involved...Section 7 only speaks of punishment of so-and-so years, it does not say 'simple imprisonment'...These are corruption matters, they must be dealt with strictly!""We can bear this in mind for consideration", concurred Justice Chandrachud.The incumbent Section 7 of the PC Act, which deals with the "Offence relating to public servant being bribed", stipulates that any such public servant so found guilty shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.Section 13, as it stands today, prescribes that any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than four years but which may extend to ten years and shall also be liable to fine. In the instant case, the petitioner/accused was working as Gram Panchayat Secretary of Kavalaga Village. It was stated that the wife of the complainant was selected under Ashraya Scheme during the year 2006-07, for sanction of construction of house and as such the Government has sanctioned a sum of Rs.35,000/- to his wife and the said amount was ordered to be disbursed in four installments and accordingly, two installments amount had been given to him. At the time of disbursing the third installment amount, the petitioner demanded Rs.500/- in order to give cheque in favour of wife of the complainant. Being reluctant of giving the bribe amount, complainant had approached the Lokayukta Police and lodged complaint and accordingly a crime was registered against the petitioner/accused for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988. Further it was stated that upon receipt of the complaint the respondent/police laid a trap and accordingly prepared a Demonstration Panchanama. The petitioner/accused was successfully trapped, caught red-handed and then the Trap Panchanama was recorded and and then after obtaining sanction of prosecution from the competent authority, charge sheet was filed against the petitioner/accused for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the P.C.Act.After completion of trial, the Special Court had come to the conclusion that the petitioner/accused is guilty of the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the P.C.Act and accordingly, sentenced the petitioner/accused to undergo simple imprisonment for a period of six months with fine of Rs.1,000/- for the offence punishable under Section 7 of the P.C.Act with default clause. Further sentenced to undergo simple imprisonment for a period of two years with fine of Rs.2,000/- for the offence punishable under Section 13(1)(d) read with Section 13(2) of P.C.Act with default clause and it was ordered that all the substantive sentences shall run concurrently.Diary No.- 5215 - 2021SIDRAMAPPA vs. THE STATE OF KARNATAKA

Corruption-Why Only Simple Imprisonment To Public Servants When PC Act Does Not Specify Description? Supreme Court

Mehal Jain

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