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CA can be tried under Prevention of Corruption Act for offering bribe to ITO
Case Law Details
- Case Name
- H. Naginchand Kincha Vs. Superintendent of Police (Karnataka High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Karnataka High Court
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H. Naginchand Kincha Vs. Superintendent of Police (Karnataka High Court)
CA accused of offering a bribe to ITO for performing an official act can be tried U/s. 7 and 13 (1)(d) of Prevention of Corruption Act and section 120-B of the IPC. The fact that the CA is not a “public servant” is irrelevant.
The third fold of argument that the accused No. 2 is not a public servant and is beyond the contemplation of the statute. The words occurring at Section 8 of the Act “Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other pe...
