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Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.
Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.
If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).
Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.
Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.
Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""
Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.
  • a)
    Mr. Gangaprasad is liable under PCA act
  • b)
    Mr. Gangaprasad is not liable under PCA act.
  • c)
    Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.
  • d)
    Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.
Correct answer is option 'B'. Can you explain this answer?
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Hopefully, all those imbued with a deep commitment to public service ...
Correct Answer is (b) Mr. Gangaprasad is not liable under PCA act. He has only asked/ demanded for Rs. 2000 bribe but didn't take the same as was denied by Kabir. The principle sets the liability under PCA only for those who 'take' gratification. Passage says "If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA)." None of the other options sets out views that are consistent with principle provided in the passage on "taking gratification.
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Directions: Read the passage carefully and answer the questions given beside.It has been repeatedly held that the PMLA (Prevention of Money Laundering Act) is a sui generis legislation, enacted to tackle money laundering through white-collar crimes. According to Section 3 of the PMLA, the act of projecting or claiming proceeds of crime to be untainted property constitutes the offense of money laundering. Under the Schedule to the PMLA, a number of offenses under the Indian Penal Code and other special statutes have been included, which serve as the basis for the offense of money laundering. In other words, the existence of predicate offense is sine qua non to charge someone with money laundering. It is crucial to note that the investigation and prosecution of the predicate offense are done typically by the Central Bureau of Investigation (CBI) or the State Police.Section 50 of the PMLA provides powers of a civil court to the ED authorities for summoning persons suspected of money laundering and recording statements. However, the Supreme Court held that ED authorities are not police officers. It observed in Vijay Madanlal Choudhary v. Union of India (2022) that “the process envisaged by Section 50 of the PMLA is in the nature of an inquiry against the proceeds of crime and is not ‘investigation’ in strict sense of the term for initiating prosecution.” There are other dissimilarities between ED authorities and the police. While the police are required to register a First Information Report (FIR) for a cognizable offense before conducting an investigation, ED authorities begin with search procedures and undertake their investigation for the purpose of gathering materials and tracing the ‘proceeds of crime’ by issuing summons. Any statement made by an accused to the police is inadmissible as evidence in court, whereas a statement made to an ED authority is admissible. A copy of the FIR is accessible to the accused, whereas the Enforcement Case Information Report is seldom available.While the police investigating the predicate offense are empowered to arrest and seek custody of the accused, the ED is meant to focus on recovering the proceeds of crime in order to redistribute the same to victims. It is not clear whether the ED has managed to do this. Per contra, the Proceeds of Crime Act, 2002, the analogous legislation in the U.K., almost entirely concentrates on the confiscation of assets through dedicated civil proceedings. Unfortunately, of late, much of the ED’s powers have been discharged in effecting pretrial arrests, which used to be the prerogative of the police investigating the predicate offence. In the past, the CBI was used to impart fear among political opponents. In the process, the agency received the condemnation of various courts and earned the nickname “caged parrot”. Whether the ED will go down the same path or reorient its approach will entirely depend on the intervention of the country’s constitutional courts.Q.Which of the following is not the appropriate cause-and-effect relationship in the passages context?

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Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer?
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Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Hopefully, all those imbued with a deep commitment to public service join the ranks of public servants. Such public servants are required or expected to discharge their public duties with an acute sense of integrity, fair play and objectivity. But, alas, this is not so. There are public servants and public servants who do not measure up to this benchmark.Prevention of Corruption Act was passed to put down the said social evil i.e. bribery and corruption by public servants. It also aims to protect honest public servants from harassment by prescribing that the investigation against them could be made only by police officials of particular status and by making the sanction of the Government or other appropriate officer a pre-condition for their prosecution. As it is a socially useful measure conceived in public interest, it should be liberally construed so as to bring about the desired object, i.e. to prevent corruption among public servants and to prevent harassment of the honest among them.If a public servant takes gratification other than his legal remuneration in respect of an official act, he is criminally liable under Prevention of Corruption Act (PCA).Mr. Gangaprasad was a peon with the government electricity department. The department has a huge backlog of outstanding bills. The department head Mr. Thakkar decided to disconnect all electricity connection bills of which are outstanding over six months. Kabir had not paid the bill over 12 months. He was friends with Mr. Gangaprasad. He asked him for help. Mr. Gangaprasad asked Rs. 2000 for changing his due date from 12 to 2 months. Kabir refused.Further allegations against Mr. Gangaprasad was that he had prepared a false T.A. Bill had cheated the Government Company and was guilty of serious criminal misconduct as envisaged by the Prevention of Corruption Act. The learned Special Judge accepted the State's case and convicted Mr. Gangaprasad. Mr. Gangaprasad then filed an appeal before the High Court which allowed appeal, mainly on the ground that as Mr. Gangaprasad was not a public servant as contemplated by the provisions of the Prevention of Corruption Act, his trial under the said Act was without jurisdiction.Section 21 of the Penal Code defines Public Servant as ""Every person appointed in the service, pay of the Government, remunerated by fees or commission for the performance of any public duty by the Government""Q. Decide whether Gangaprasad is liable for taking gratification other than his legal remuneration.a)Mr. Gangaprasad is liable under PCA actb)Mr. Gangaprasad is not liable under PCA act.c)Mr. Gangaprasad did not inform Mr. Thakkar so he is not liable.d)Both Mr. Gangaprasad and Mr. Thakkar are liable under PCA act.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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