Law: Penal Code (XLV of 1860)

Section: 161

Law: Prevention of Corruption Act, 1947

Section: 5

(a) Penal Code (XLV oaf 1860)--   ---S.161--Prevention of Corruption Act (II of 1947), S.5 -Sentence, quantum of--Benefit of doubt--Practice of awarding nominal punishment to corrupt officials does not create healthy impression--Undue leniency to culprits not desirable--Accused convicted under S.161, P.P.C. and was sentenced to three years rigorous imprisonment--Sentence reduced by High Court to 20 days imprisonment already undergone, grounds for reduction being that period of about three years had passed since occurrence; accused had suffered agony of trial; had lost his service and had remained in jail for about 20 days after his conviction--Appeal for enhancement of sentence on the plea that in order to eliminate corruption which had become rampant in the country, it was necessary that corrupt officials be awarded deterrent punishment--Offence being proved beyond reasonable doubt, no leniency, held, would be shown to culprits--Sentence was enhanced to three years and that of fine awarded by Trial Court also maintained. In the present case the reasons for reduction in sentence of imprisonment recorded by the High Court were--   (i) that about 3 years have passed since the occurrence had taken place;   (ii) that the appellant had suffered the agony of trial;   (iii) that he had lost his service; and   (iv) that he had remained in jail for about 20 days after his conviction.   Corruption has become rampant in the country, and to meet the situation it is necessary that corrupt officials should be dealt with an iron hand and deterrent punishment should be awarded to them in order to discourage other civil servants from demanding and accepting bribes.   There is public outcry against corruption from all quarters and there is great dismay that nothing is being done to stem it. Although the legislature has, of course, made laws to punish corrupt officials, but in the first place, the public at large considers it far easier to pay illegal gratification to get their work done. Secondly persons from whom bribe is demanded do not dare to report the matter and go through the worry of an investigation by the police and thereafter be…

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