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Supreme Court: Non-Public Servants Can Be Convicted for Abetment of Offences Under the Prevention of Corruption Act


In a landmark ruling, the Supreme Court has clarified that non-public servants can be held guilty of abetment under the Prevention of Corruption Act, 1988, particularly in cases involving disproportionate assets.

The case, P. Shanthi Pugazhenthi v. State Represented by the Inspector of Police, SPE/CBI/ACB, Chennai, involved allegations that a private individual aided a public servant in acquiring and concealing illicit wealth. The Court made a significant observation:

“Any person who persuades a public servant to take bribes, decides to raise money through bribes along with a public servant, and prompts such public servant to keep the wealth with him/her or keeps the amassed wealth of a public servant in his/her own name is guilty of committing the offence of abetment of offence under Section 13(1)(e) of the 1988 Act.”

This decision reinforces that criminal liability for corruption-related offences is not limited to public servants alone. Private individuals who facilitate, conspire, or assist in the accumulation or concealment of illegal assets by public officials can also be prosecuted and convicted.

The ruling serves as a strong deterrent against the use of benami transactions and proxy ownership structures often employed to shield corrupt practices. It also broadens the scope of accountability under anti-corruption laws, sending a clear message that collaborators in corruption, irrespective of their official status, will not escape the reach of the law.

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