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Showing contexts for: L.K..ADVANI in Sh. Sushil Modi vs Sh. Mohan Guruswamy on 7 September, 2007Matching Fragments
36. The PC Act, 1947 was replaced by the Act of 1988. The definition of public servant has been expanded. Another important feature, which needs mention, is that the new Act, 1988 repealed most of Chapter IX IPC. The corruption offences, namely, offences by public servants under Section 161-165 were repealed and specific provision made in the PC Act, 1988. After analysing the scheme of the new Act, it can be stated that there was a complete departure from IPC and PC Act. This distinction was first noticed by this Court in L.K. Advani v. CBI . The Court noted that the objects of two Acts, namely, IPC and PC Act were different and refused to take the IPC definition in view of the definition that was provided by the PC Act, 1988. This view was upheld by the Supreme Court in appeal. Question came up for consideration before the Supreme Court once again in P.V. Narasimha Rao v. CBI . The Court held that for the purpose of Prevention of Corruption Act, 1988, a Member of Parliament would be a 'public servant'. In view of extended definition of 'public servant' therein and with the introduction of Section 2(b), which defines 'public duty'. Section 2(c)(viii) of the PC Act, 1988, covers MPs as well. Thus, a person may be public servant for the purpose of PC Act, 1988 having regard to the aforesaid judgment and the provisions of the Act, but he would not be 'public servant' for the purpose of IPC, i.e. under Section 21 IPC having regard to Antulay's case (supra). This is clear from the following observations of the Supreme Court in P.V. Narasimha Rao's case (supra):