Indian Kanoon - Search engine for Indian Law

16. The issue now would be whether the ingredients of Section 7 or 7A of the Prevention of Corruption Act ('PC Act' for short) are even met in the remotest sense in the case at hand.

Section 7 and 7A of the PC Act read as follows:

"7. Offence relating to public servant being bribed.--Any public servant who,--

(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant;

Interpretation of Section 7 or 7A of the PC Act need not detain this Court for long or delve deep into the matter. The Apex Court interpreting Sections 7 and 7A, has clearly indicated that there should be demand and acceptance for the purpose of a duty or its forbearance. The Apex Court right from 1955 interpreting the old PC Act up to the latest judgment has held as follows:

Interpretation under the unamended Act:

The Apex Court in the case of B.JAYARAJ v. STATE OF ANDHRA PRADESH1 interprets Section 7 and holds as follows: