Law: Criminal Procedure Code (V of 1898)

Section: 234,239(d)

Law: Prevention of Corruption Act, 1947

Section: 5,5(1)(a)

(a) Criminal Procedure Code (V of 9898), Ss. 234 and 239 (d)-Sameness of transaction.-Accusation, root result of trial, to be looked at-Violation constitutes illegality-Trial to be set aside. For the determination of sameness of transaction, it is the accusation that has to be looked at and not the result of the trial. It has been taken as settled law on all sides that the infringement of section 239 (d) would, if made out, constitute an illegality, as distinguished from irregularity, so that the conviction would require to be quashed. I. L. R 25 Mad. 61 : 28 1. A. 257 relied on. A. I. R. 1938 P. C. 130 referred to. (b) Prevention of Corruption Act. (II of 1947), S. 5­---Procedure laid down in S. 234-Criminal Procedure Code not applicable-Offence to be proved either by proving previous convictions or by proving number of instances of bribery. Under section 5 (1) (a), a public servant is said to commit the offence of criminal misconduct in the discharge of his duty if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification other than legal remuneration as a motive or reward such as is mentioned in section 161 of the Indian Penal Code. In order to prove that a person habitually accepts bribes, it would be necessary to prove either a number of previous convictions under section 161, Indian Penal Code, or to prove a number of instances in which bribe was accepted. For the purpose of proving the offence of criminal misconduct, instances have to be proved which would under the ordinary law constitute more than three offences, a procedure which has been declared illegal by section 234 of the Code. Section 5 (1) of the Code, however, permits the adoption of any special procedure in the trial of offences under any other law than the Indian Penal Code by providing that such offences " shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions " (the provisions of the Code of Criminal Procedure), but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise…

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