Supreme Court of India · 1957-01-11
OM PRAKASH GUPTA vs STATE OF U. P.(with connected appeals)
- Citation / case number
- SC 1954/90288
- Court
- Supreme Court of India
- Petitioner
- OM PRAKASH GUPTA
- Respondent
- STATE OF U. P.(with connected appeals)
- Bench
- DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA,DAS, S.K.,MENON, P. GOVINDA
Judgment text excerpt
The Supreme Court ruled that Section 409 of the Indian Penal Code and Section 5(1)(c) of the Prevention of Corruption Act, 1947 are distinct offenses, and thus, the latter does not impliedly repeal the former. The Court held that the application of Section 409 to public servants does not violate Article 14 of the Constitution, affirming that no sanction under Section 6 of the Prevention of Corruption Act is required for prosecution under Section 409 IPC. The judgment overruled the decision in State v. Gurcharan Singh, (1952) Punj. 89.