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april 1998

Supreme Court of India · 1998-04-17

P V NARSIMHA RAO vs STATE (CBI/SPE)

Citation / case number
SC 1997/16055
Court
Supreme Court of India
Petitioner
P V NARSIMHA RAO
Respondent
STATE (CBI/SPE)
Author
G.N. RAY
Bench
G.N. RAY

Judgment text excerpt

The Supreme Court ruled that a Member of Parliament is considered a public servant under Section 2(c) of the Prevention of Corruption Act, 1988, and that the court can take cognizance of offences under Section 19(1) without prior sanction. However, for prosecution under Sections 7, 10, 11, 12, and 15 of the Act, permission from the Chairman of the Rajya Sabha or Speaker of the Lok Sabha is required before filing a chargesheet. The court held that Members of Parliament do not enjoy immunity under Article 105(2) or (3) for offences involving bribery related to their parliamentary duties.

P V NARSIMHA RAO vs STATE (CBI/SPE) · Niyam