Prevention of corruption Act,1947

Murli Manohar Prasad (Querist) 01 October 2008 This query is : Resolved
my query is as to whether after the enforcement of the Prevrntion of Corruption Act,1988 ,if a charge sheet is submitted by the police in the year 2008 against a govt.servant u/s 5(2) of the Prevention of corruption Act,1947 is legally valid or not ?

Murli Manohar Prasad

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Murli Manohar Prasad (Querist) 01 October 2008
my query is submitted for answer

Srinivas.B.S.S.T (Expert) 01 October 2008
No.

K.C.Suresh (Expert) 02 October 2008
1988 Act came into force on 9th of Sepetmber 1988. Till then 1947 and 5(2) was valid thereafter it was repealed. If an offence committed after 1988 Act came into force the section is 13(2). For an offence committed during the period when 1947 Act was in force we can use 5(2) of 1947 Act and charge sheet. The cahrge can be filed in 2008 with 5(2). The offence was committed during the validity of 1947 Act.
You may go through Jagan M Seshdri v. State of Tamil Nadu, 2002 Cr.L.J 2982 (SC) or AIR 2002 SC 2399 or 2002 (9) SCC 639 and C.B.I v Subhodh Kumar Dutaa, (1997) 10 SCC 567. I hope you are enlightened.

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