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Prevention of corruption act 1988 >chapter 5th >section 24 says :--
''Notwithstanding anything contained in any law for the time being in force, a statement made by a person,
in any proceedings against a public servant for an offence under section 7 to 11 under section 13 or section 15,
that HE OFFERED or AGREED TO OFFER ANY GRATIFICATION (other than legal remuneration) or any valuable thing to the public servant,
SHALL NOT SUBJECT SUCH PERSON TO A PROSECUTION UNDER SECTION 12''.
Q-----------------Does this section mean that SOME person; who offers or gives BRIBE ......after being caught if....... he becomes witness against the public servant who takes bribe.......will become free from charges as an abetter under section 12 & will be set free as an innocent person?????

2007-06-02 09:14:30 · 2 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

2 answers

Yes he shall not be charged as an abettor under section 12 of the said Act. The reason for this is very clear that in order to prevent the offence of bribery & catch hold of the offender who ask or take bribe being a public servant the legislature has provided means to catch such a person red handed otherwise it will be very difficult to prove his guilt of demanding or taking of bribe in the court of law. Such a person can go Scott free in such cases, & if such a provision was not there any person meeting the demand of such a person will himself become guilty as an abettor of giving bribery, just to save guard the interest of the person who help the law enforcement agencies to catch such a offender this provision under section 24 has been provided.

2007-06-02 17:09:39 · answer #1 · answered by vijay m Indian Lawyer 7 · 0 0

It just means, that the rule can be applied to the benefit of politicans, whenever necessary - The weapon for survival. It is exactly the same weapon, which VP Singh used reservation for his political gains.

2007-06-05 03:47:58 · answer #2 · answered by Lavgan 4 · 0 0

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