Criminal Law : Can Incapability of Doing Work become a Ground for Acquittal under Prevention of Corruption Act, 1988 ?
It has been held that "a person may not actually be in a position to perform the work for which a bribe is allegedly demanded cannot, by itself, exonerate him, since the offence under the PC Act, 1988 is attracted by the very act of demanding illegal gratification, irrespective of whether the public servant is capable of doing the work".
Case : State of Maharashtra v. Ashok Daga Bachhav [2026] GCtR 344 (Aurangabad, Bombay)
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