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PREVENTION OF CORRUPTION (AMENDMENT) ACT 2018 WILL NOT AFFECT OFFENCES COMMITTED PRIOR TO ITS ENACTMENT: DELHI HC
PREVENTION OF CORRUPTION (AMENDMENT) ACT 2018 WILL NOT AFFECT OFFENCES COMMITTED PRIOR TO ITS ENACTMENT: DELHI HC
The Delhi High Court on Friday, held that the Prevention of Corruption act which substitutes Section 13(1)(d) of the principal Act, does not operate in retrospective manner. Section 13(1)(d) originally stated that “A public servant is said to commit the offences of criminal misconduct(d) if he(1) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (2) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage without any public interest”. The risk which Justice Bakhru held was if there wasn’t mens rea in the decisions then nonetheless is considered as offences under the PC Act. Therefore, this would make the interpretations about public servants, reluctant. Therefore, “the enactment of the PC Act,2018 does indicate the legislative intent to exclude any such act, which was construed as criminal misconduct only for the reason that the conduct was against public inertest” Justice Bakhru Held. The Bench further stated that the word as stated corruption simply depicts ‘dishonesty’ and public servant abuse; therefore there is no need for retrospective effect.
There were certain observations which was seeking of the quashing the order of the Special Judge, whereby the appellant was convicted for abusing his position as a public servant to acquire certain allocations. The appellant argued that since PC Act was amended by 26th of July 2018, therefore argued that PC Act will no longer be applicable and he therefore stands construed under an offence. Therefore the court held that the argument which is been laid has no evidence about illegal gratification which is sine qua non an offence under section 13(1)(d)of PC Act. The case cities against the accused were under Section 7 of PC Act.
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