Morals & Ethics Can’t Form Basis For Conviction Under Prevention Of Corruption Act, Proof Of Demand & Acceptance Of Bribe Mandatory

Case: Sayaji Dashrath Kawade v. The State of Maharashtra

Coram: Justice S. D. Kulkarni

Case No.: Criminal Appeal No. 491 of 2005

Court Observation: “The corruption is spreading like cancer in our great nation. The disease of the corruption has been with us since long time. The common man is facing this rampant corruption, but a person for the charges of corruption under the Act cannot be convicted on moral and ethics. When the law provides certain mandatory requirements for proving offence, no shortcut is permitted.”

“It is clear just like day light that the prosecution has miserably failed to prove the basic legal requirement of demand and acceptance f bribe as contemplated under Section 13 (1)(d) read with Section 13(2) of the Act”

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Keywords

Morals & Ethics, Prevention Of Corruption Act, Demand & Acceptance Of Bribe