authorised by a court of justice

pratik (Querist) 11 July 2010 This query is : Resolved
(v) Any person authorised by a court of justice to perform any duty, in connection with, including a liquidator, receiver or commissioner appointed by such court.

So in the abovementioned the statement says "Any person authorised by a court of justice to perform any duty" it means that if the a person appointed as a guardian to look after the childern when they are minor & if the appointed guardian takes any gratifiaction or bribe (which is one & the same) than he is punsibleable as per the prevention of corruption act, 1988 as the above mentioned clause interpretation looks like that he or she (guardian) is punsiable.

Pls tell me if i am wrong or right or if any case laws.

Thanks In Advance.

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adv. rajeev ( rajoo ) (Expert) 11 July 2010
Good question. such person is appointed by the court is an agent. In my opinion he does not come under the prevention of corruption act.
Let us wait for other learned members opinions.

Chanchal Nag Chowdhury (Expert) 11 July 2010
Not under POCA but under IPC. Leave of the court is necessary.

Uma parameswaran (Expert) 11 July 2010
Appointment of guardian and appointment of a receiver or liquidator is having different procedure and could not put in the same wavelength. POCA could not use against the guardians.But can file a petition to remove or can initiate criminal case against them.

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