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april 1954

Supreme Court of India · 1954-04-07

BISWABHUSAN NAIK vs THE STATE OF ORISSA.

Citation / case number
SC 1952/21
Court
Supreme Court of India
Petitioner
BISWABHUSAN NAIK
Respondent
THE STATE OF ORISSA.
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that under Section 5(2) of the Prevention of Corruption Act, 1947, the sanction for prosecution does not need to be in any particular form or explicitly state the facts, as long as the facts can be proven otherwise. The Court clarified that the prosecution must only demonstrate that the accused possesses disproportionate assets as per Section 5(3), which creates a presumption of guilt unless disproven. The Court upheld the validity of the sanction and charge, emphasizing that the nature of the offence under Section 5(1)(a) does not require detailed particulars of individual acts of bribery.

BISWABHUSAN NAIK vs THE STATE OF ORISSA. · Niyam