Bribery and Public Servants Law Quiz

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Questions and Answers

In what situation is approval not necessary for a police investigation into a public servant's actions?

When public interest is at stake

When a public servant is suspected of accepting undue advantages (correct)

When the public servant is no longer in office

When the offence was committed more than three months ago

What is required before a police officer can investigate an alleged offence committed by a public servant in the discharge of official duties?

No approval needed

Approval from the court

Approval from the competent authority (correct)

Approval from the public

Which authority needs to approve an investigation if the public servant is employed in connection with the affairs of the Union?

The local authority

The president

The central government (correct)

The state government

What is the maximum time frame for the concerned authority to convey its decision regarding an investigation?

Three months Signup and view all the answers

If a public servant is employed at the time of the alleged offence, who must grant approval for a police inquiry regarding that offence?

The authority competent to remove the public servant from office Signup and view all the answers

What is the consequence for a commercial organization if someone associated with it gives an undue advantage to a public servant?

The organization will be subjected to a fine. Signup and view all the answers

In which situation is a commercial organization exempt from penalties under this subsection?

If it can prove adequate procedures were in place to prevent misconduct. Signup and view all the answers

What constitutes giving or promising an undue advantage to a public servant?

Providing a monetary benefit with the intent to influence actions. Signup and view all the answers

What should a person do before giving any undue advantage to law enforcement authorities?

Inform the law enforcement authority or investigating agency. Signup and view all the answers

What does the term 'commercial organization' refer to in the context of this subsection?

A profit-oriented entity that conducts business activities. Signup and view all the answers

What is included in the definition of 'public servant' according to the explanation?

A person who has finished their term of office during which the offence was committed. Signup and view all the answers

Which authority is responsible for granting sanction when there is doubt regarding it?

The authority that was competent to remove the public servant at the time of the offence. Signup and view all the answers

Under what condition can a court reverse a judgment made by a special Judge?

If it finds a failure of justice occurred as a result of missing or incorrect sanction. Signup and view all the answers

What is indicated about courts temporarily staying proceedings under this Act?

Courts cannot stay proceedings due to any errors, omissions, or irregularities, unless it caused a failure of justice. Signup and view all the answers

What should courts consider when determining if an error in sanction led to a failure of justice?

Whether objections could have been raised earlier in the proceedings. Signup and view all the answers

What is a necessary condition for a court to take cognizance of an offence punishable under specific sections committed by a public servant?

Previous sanction from the appropriate authority Signup and view all the answers

What is the effect of an irregularity in sanction according to sub-section (3)?

It does not impact proceedings unless a failure of justice is proven. Signup and view all the answers

Which of the following statements is true regarding the removal of a public servant from their position before prosecution?

Public servants can only be removed by the authority competent to do so. Signup and view all the answers

If a public servant has moved to a different office, what does it imply about their previous actions in office?

They remain accountable for actions during their prior office. Signup and view all the answers

What exception is provided for in the text regarding a public servant's need for previous sanction?

If the case falls under the Lokpal and Lokayuktas Act, 2013 Signup and view all the answers

How does the law affect a finding, sentence, or order passed by a special Judge regarding errors in sanction?

It protects the ruling from being reversed unless there’s a failure of justice. Signup and view all the answers

Which of the following is NOT a condition for a person other than a police officer to request sanction for prosecution?

The complainant must be present during the sanction process. Signup and view all the answers

What is the maximum time frame within which the appropriate Government must convey its decision regarding the sanction for prosecution?

Three months Signup and view all the answers

In cases requiring legal consultation for sanction, what can happen to the initial time frame for decision making?

It may be extended by one month if reasons are provided. Signup and view all the answers

Who must provide an opportunity of being heard to a public servant when sanction is requested from the appropriate Government?

The competent authority granting sanction Signup and view all the answers

Which section outlines the offences for which previous sanction is necessary?

Sections 7, 11, 13, and 15 Signup and view all the answers

What restriction does the act impose on requests for sanction to prosecute a public servant?

Requests can only be made by specified law enforcement authorities. Signup and view all the answers

Which of the following statements about the term 'public servant' is implied in the content?

Public servants are individuals employed in governmental capacities. Signup and view all the answers

What must not be made the subject of comment by the prosecution during a trial?

The accused's failure to present evidence Signup and view all the answers

Under what condition can questions about the accused's previous offenses be asked?

If evidence of such offenses is admissible Signup and view all the answers

In which scenario can an accused be tried in their absence?

If deemed necessary by the judge Signup and view all the answers

What modification is made to section 243 regarding witness lists?

The accused must provide the list in writing immediately Signup and view all the answers

What does the inserted provision after section 309 state about adjournments?

Adjournments cannot be based solely on an application made Signup and view all the answers

What is required before a court can call for the record of proceedings under section 397?

The court must notify the other party to show cause Signup and view all the answers

What does section 317 specify about recalling witnesses?

Accused has the right to recall them after their absence Signup and view all the answers

What happens if the accused gives evidence against another co-defendant?

It opens the door for questioning about their character Signup and view all the answers

What happens to the provisions of the Code of Criminal Procedure in relation to offenses under this Act?

They apply with specific modifications for clarity Signup and view all the answers

Study Notes

Bribing a Public Servant

No person shall be punished under this Act if they inform law enforcement about a crime and offer to bribe another party to assist law enforcement in investigating.
A commercial organisation can be punished with a fine if any associated person bribes a public servant to gain an advantage in business.
A person is considered to have bribed a public servant if they have committed the offence under Section 8 related to bribing a public servant, even if they have not been prosecuted for it.

Enquiries and Investigations

A police officer cannot conduct an enquiry or investigation into an alleged crime committed by a public servant without the prior approval of the authority they are employed by.
The concerned authority has to convey its decision within three months, and it can be extended for one additional month.
This rule does not apply to cases where an arrest on the spot is made for accepting or attempting to accept an undue advantage.

Sanction for Prosecution

A court cannot take cognizance of an offence punishable under Sections 7, 11, 13 and 15 committed by a public servant without the previous sanction.
This sanction is required from the appropriate authority, like the Central or State Government or any other authority who has the power to remove them from office.
An exception has been made by the Lokpal and Lokayuktas Act, 2013.
Only police officers, investigation agency or law enforcement officers can request sanction for prosecution unless a complaint has been filed in a court and the court has not dismissed it.
The authority will not grant the sanction without providing an opportunity hearing to the accused public servant.
The authority has to convey the decision within three months, and it can be extended for one additional month.
The Central Government can prescribe guidelines as it deems necessary.
The expression “public servant” includes those who have ceased to hold the office during which the offence was alleged to have been committed or who have ceased to hold the office and are holding another office.

Procedures for Prosecution

If there is any doubt about which authority should grant the sanction, it shall be given by the authority that would have been competent to remove the public servant from office at the time when the offence was alleged to have been committed.
No finding, sentence, or order passed by a special Judge shall be reversed or altered on the ground of lack of sanction, or any error or irregularity in the sanction unless the court determines that a failure of justice has occurred.
No court can stay the proceedings under this Act on the ground of any error in the sanction unless it is satisfied that such error has resulted in a failure of justice.
No court can stay the proceedings under this Act on any other grounds or exercise revision powers in relation to interlocutory orders in the proceedings.
In determining whether the absence of sanction has resulted in a failure of justice, the court must consider whether the objection could have been raised earlier.
If a public servant is charged with an offence under this Act, they can choose not to be a witness in their own trial. If this happens, the prosecution cannot comment on their failure to give evidence or presume their guilt.
The public servant cannot be asked about any previous offences or bad character unless this evidence is relevant to the current charge or the defense involves imputations on the character of the prosecutor or witness.

Code of Criminal Procedure Application

The Code of Criminal Procedure, 1973 applies to proceedings related to offences punishable under this Act with certain modifications.
The accused must provide a list of witnesses and relevant documents in writing, they are then called upon to plead.
The proceedings should not be adjourned or postponed if an application under Section 397 has been made by a party to the proceeding.
The Judge may proceed with the inquiry or trial in the absence of the accused, record the evidence of a witness. The accused can still recall the witness for cross-examination.
The powers under Section 397 can be exercised by the court, but they cannot call for records without giving the other party a chance to show cause if they should not be called for.
If the court determines that the examination of the record can be done using certified copies, then they do not need to call for the original records.

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Description

Test your knowledge on the laws surrounding bribery and the conduct of public servants. This quiz covers the legal implications for individuals and organizations involved in bribing public servants, as well as the procedures for investigations. Understand the restrictions and responsibilities defined in the relevant sections.