DHANESHWAR NARAIN SAXENA vs THE DELHI ADMINISTRATION

The Supreme Court held that under Section 5(1)(d) of the Prevention of Corruption Act, 1947, it is not necessary for a public servant to misconduct himself in the discharge of his duty to constitute an offence. The Court clarified that if a public servant takes money to corrupt another public servant, it constitutes an offence regardless of whether the misconduct occurred in the discharge of his own duties. The previous decision in State of Ajmer v. Shivji Lal was overruled, affirming the conviction of the appellant for corrupt practices.