Law: Evidence Act (I of 1872)

Section: 133

Law: Prevention of Corruption Act (II of 1947)

Section: 5-A

  (a) Accomplice-Giver of bribe---   ---Statement of, against acceptor-Corroboration necessary-Evidence Act (I of 1872), S. 133.   (b) Prevention of Corruption Act (II of 1947)-------   -----S. 5-A--- Investigation of corruption case without permission of Magistrate of first class, by police officer below rank of D. S. P. Not fatal to proceedings in trial (obiter) : [The Crown v. Nur Alam P L D 1955 Lah. 667 ; The Crown v. Mehar Ali, P L D 1956 F C 106 ref. ; Abdul Marian v. The State P L D 1958 Kar. 643 dissented from].   (c) Prevention of Corruption Act (II of 1947)-----   ------S. 5-A-- Magistrate's permission to police officer below rank of D. S. P. to investigate corruption case-Not required to be in respect of each accused-Permission relates to investigation of offence, not to investigation in respect of specific accused.   Where a police officer below the rank of a D. S. P. applied to a Magistrate first class for permission to investigate a corruption case "against one K", but the application or the order permitting investigation did not mention the other accused, and it was contended by counsel that the conviction of the latter was vitiated inasmuch as it was obtained upon an investigation carried out unauthorisedly:   Held, that the order of the Magistrate required under section 5-A, Prevention of Corruption Act (II of 1947) is for the purposes of investigation of an offence mentioned in that section. The order is not required to be for an investigation against a particular individual. The object of this provision is that having regard to the nature of the offences the investigation should be conducted either by a police officer above a certain rank or with the permission of a Magistrate of the First Class so that the investigation of the offence is more careful and less impeachable. It is the nature of the offence which requires the observance of this procedure.   Permission in this instance was in respect of the offence which related to the F. I. R. in the case. If as a result of the investigation, which was duly authorised, it was found that the other accused was also liable to be…