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october 1954

Supreme Court of India · 1954-10-29

MAHESH PRASAD vs THE STATE OF UTTAR PRADESH.

Citation / case number
SC 1954/90352
Court
Supreme Court of India
Petitioner
MAHESH PRASAD
Respondent
THE STATE OF UTTAR PRADESH.
Bench
JAGANNADHADAS

Judgment text excerpt

The Supreme Court held that under Section 161 of the Indian Penal Code, it is not necessary to prove that the accused public servant had the capacity or intention to perform the official act for which illegal gratification was received. The Court clarified that the charge does not need to specify the superior officer influenced by the accused. Furthermore, it ruled that a sanction under Section 6(c) of the Prevention of Corruption Act, 1947 can be validly issued by an authority equal to or higher than the appointing authority, but not by a subordinate. The conviction of the appellant under Section 161 IPC was upheld, resulting in a sentence of rigorous imprisonment and a fine.

MAHESH PRASAD vs THE STATE OF UTTAR PRADESH. · Niyam