H. N. RISHBUD AND INDER SINGH vs THE STATE OF DELHI(And connected Appeals)

The Supreme Court held that Sections 5(4) and the proviso to Section 3 of the Prevention of Corruption Act, 1947, along with Section 5-A of the Prevention of Corruption (Second Amendment) Act, 1952, are mandatory. It ruled that an investigation conducted in violation of these provisions is illegal, and cognizance taken on such a police report cannot be set aside unless it results in a miscarriage of justice. The Court emphasized that while an illegality in investigation does not affect the court's jurisdiction, appropriate orders for reinvestigation may be necessary if violations are identified early in the trial process.