VidhiSangh

Supreme Court of India · 03/12/2024

CENTRAL BUREAU OF INVESTIGATION versus JAGAT RAM

[2024] 12 S.C.R. 533 · 2024 INSC 952

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Summary

The High Court accepted that demand and acceptance of the bribe were proved, but acquitted the accused only because no official who actually applied his mind to the sanction was examined. That was an error: under Section 19(3) and (4) of the Prevention of Corruption Act and Section 465 CrPC, a defect in sanction cannot overturn a Special Judge's finding unless it has caused a failure of justice. The acquittal was set aside and the sanction question remitted.

Issues

  1. Whether an appellate court can set aside a conviction under the Prevention of Corruption Act for a defect in proving or granting sanction without finding that the defect caused a failure of justice.
  2. How 'failure of justice' under Section 19(3)-(4) of the Act and Section 465 CrPC is to be assessed.

Provisions considered

Held

Result

Appeal allowed; the High Court judgment set aside to the extent it set aside the sanction and acquitted the respondent. The other findings were confirmed, and the matter was remitted to the High Court to decide whether any irregularity in the Section 19 sanction caused a failure of justice.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 533.