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december 1962

Supreme Court of India · 1962-12-04

R. S. PANDIT vs STATE OF BIHAR

Citation / case number
SC 1961/259
Court
Supreme Court of India
Petitioner
R. S. PANDIT
Respondent
STATE OF BIHAR

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 5(1) read with Section 5(3) of the Prevention of Corruption Act, 1947, affirming that the sanction for prosecution was valid as it was based on all relevant facts. The Court clarified that the sanctioning authority had sufficient information to conclude that the appellant had engaged in corrupt practices. The Court rejected the appellant's claims regarding the defectiveness of the charge and the nature of the sanction, emphasizing that Section 5(3) does not create a separate offence but supports the substantive offences under Sections 5(1) and 5(2).

R. S. PANDIT vs STATE OF BIHAR · Niyam