J&K&L High Court’s Landmark Decision On Prevention Of Corruption Act – Why Position Alone Is Not Enough To Determine Liability

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J&K&L High Court’s Landmark Decision On Prevention Of Corruption Act – Why Position Alone Is Not Enough To Determine Liability

The J&K&L High Court recently dealt with a petition seeking the quashment of an FIR. The court explained that to hold a person liable under the Prevention of Corruption Act as a ‘Public Servant’, it is not solely their position that is considered. The focus lies on the nature of duty carried out by the individual. Section 2(c) of the Act does not provide an exhaustive list of authorities that are covered, but rather a general definition of “public servant”. Therefore, this section also applies to individuals who are not conventionally considered as public servants. A purposive approach is required to give effect to the intention of the legislature. One of the petitioners before the Hon’ble High Court challenged the aforementioned judgment before the Hon’ble Supreme Court. The Hon’ble Supreme Court dismissed the petition and upheld the High Court’s verdict.

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