Corruption --Demand of Gratification--Actual Capacity to Perform Official Act at Time of Demand Is Not a Necessary Ingredient to Constitute Offence of Bribery
Under the Prevention of Corruption (Amendment) Act, 2018, it is not necessary that the public servant was actually in a position to perform the official act at the time of demand or receipt of gratification. It is sufficient if the public servant accepts gratification by inducing a belief that he would render assistance to the giver through any other public servant, and the giver gives the gratification under that belief. Absence of pending work with the accused public servant is not a valid ground to quash an FIR under the Act, as the demand itself constitutes the offence.
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