Case can proceed against person accused under Prevention of Corruption Act even after death of public servant: Bombay HC

The Bombay High Court has held that a person charged for corruption can be prosecuted under the Prevention of Corruption Act (PC Act) even after the death of the co-accused public servant. According to the Act, an offence is committed when there is an involvement of one or more public servants. In the present case, the accused was charged in a graft case wherein the deceased postman was also charged by the CBI along with several private persons.

A special CBI court was hearing the matter when the public servant died. The prosecution then remanded the case to a magistrate court. But, during a suo moto petition, the Bombay HC condemned this decision of the CBI prosecutor as “unwarranted and contrary to law”. It ordered the CBI to return the case records to the special court where the additional chief metropolitan magistrate will proceed with the legal proceedings. Justice Prakash Deu Naik rejected the arguments of the accused that if the public servant has died, a special court cannot hear the matter. The Judge stated that in cases where the public servant has died, prosecution against private persons must continue under PC Act and Indian Penal Code.


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