FIRST LAW

Prevention of Corruption Act, 1988 -  Battling corruption is the crying need of the day and the same should be dealt with an iron hand. 

The Indian Penal Code, 1860 - Sections 477A, 471, 468, 420 and 120B - The Prevention of Corruption Act, 1947 - Ss. 5(1)(c)(d) r/w. 5(2).

Indian Penal Code, 1860 - Section 120­B - Prevention of Corruption Act, 1988 - Sections 7, 13(2) read with 13(1)(d) - the prosecution was under a legal obligation to prove the twin requirements of “demand and acceptance of bribe money by the accused”, the proving of one alone but not the other was not sufficient.

Prevention of Corruption Act, 1988 -  Code of Criminal Procedure, 1973 (2 of 1974) -  Section 437 -  When bail may be taken in case of nonbailable offence -  Though provisions of Sections 438 and 439 of the Code apply to the proceedings before a Special Judge appointed under the Act of 1988, provision of Section 437(6) of the Code does not apply to the proceedings before him.

Confession - If the court is satisfied that if the confession is voluntary, the conviction can be based upon the same. Rule of Prudence does not require that each and every circumstance mentioned in the confession with regard to the participation of the accused must be separately and independently corroborated. [Para 15]

Prevention of Corruption Act, 1988 - S. 19 - Previous sanction necessary for prosecution - Sanctioning authority has power and jurisdiction to review its order where fresh materials are brought or where he has failed to take into consideration a relevant fact.