Understanding Corruption and Human Rights: A Comprehensive Analysis of Public Servant Offenses Under the Prevention of Corruption Act

 

·  Offence by or relating to public servant offences committed by Public Servant relevant provision at the Prevention of corruption act

·  Offences Against Human Body

( Section 161 to 171 )

Section 161 To 165 A Repealed by the Prevention Of corruption Act.

·       Section 161 Examination Of witnesses by police

·       Section 162 Deals with the statement given by the accused to the police not be signed and the use of these statement  further during the trail

·       Section 163 Giving as evidence of document called for and Produced on notice

·       Section 164 Statement Recorded by the Magistrate

·       Section 164 (1) Authories the Magistrate to record the statement of a person or his confession no matter whether he possess jurisdiction in case

·       Section 165 Permits the judge to ask any question as he please as he pleases, in any time , any form , of any witness , of the party, about any fact

·       Section 166 An officier in charge of a police station or a police officier not being below the rank of Sub-inspector making an investigation may require an officier in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in place in any case in which the former officier might

·       Section 167 Allows a magistrate to grant custody to an accused person for necessary for proper Investigation

·       Section 168 States that a subordinate police officier must sumbit a reportof their investigation to the officier in charge of the police state

·       Section 169 Allows the police to release an accused person from custody during an investigation if they believe there is’nt enough evidence to justify forwarding the case to a magistrate

·       Section 170 When a police station officier-in-charge has enough evidence or reasonable grounds to suspects an offence

·       Section 171 Complaints and witness are not be required to accompany a police officier on their way to a magistrate’s court

 Offences Against Human Body

 1.  Causing death of human being, culpable Homicide, Murder, Distinction between culpable Homicide and Murder Specific Mental Element And Justifying Situation

2.     HURT – Grievous and Simple

3.     Assault And Simple

4.    Wrongful Restraint And Wrongful Confinements, Kidnapping And Abduction

Homicide ()

If a man kill another man unlawful or lawful it is called Homicide

⦁ Culpable Homicide ( Section 299)

1) Intension to cause such bodily injury which is likely to cause death.

2) Knowledge that by doing such act it is likely to cause death

Case Of ( REG v. Govinda)

Husband & wife fighting with each other, wife dead Husband was charged with murder. Later on appeal , Husband was charged with culpable homicide.

⦁ Murder ( Section 300 )

1) Knowledge by doing such act death is certain in all probability.

2) Intention to cause such bodily injury which is sufficient to cause death in ordinary course of nature

Case of ( Virsa Singh v. State Of Punjab )

A fellow has hit him with such a force in the stomach which leds to death.

·      Hurt – Grievous and Simple

      Section 319 Whoever causes ( Hurt )

Grevious Hurt ( Section 320 )

Their are mainly 8 classification of grevious hurt (Section 320 )

1) Emasculation 

A has attacked B Sexual Part is called Emasculation. 

2) Eye Permanent damage

A has attacked B in the Eye for the permanent damage.

3) Ear Permanent damage

4) Body Joint Imparied 

5) Paralized

6) Face permanently Damage

7) Fracture

8) Attack & 20 days Bed Rest / No Work.

⦁ Assault And Criminal Force

   Assault  (Section 351)

⦁ When a person creates a gesture or reasonable abbreviation in the mind of another person that criminal force is to be used against him

Criminal Force (Section 350)

⦁ Application of Force

⦁ Without lawful Justification

⦁ With the Intention

⦁ Wrongful restraint and Wrongful Confinement

( Section 339 – 342 )

Section 339 “Whoever” obstructs any person to prevent to reach his location

Section 341 Punishment ( 1 Month or Fine or both )

Section 342 Wrongful Confinement

“Whoever” Wrong Restraint any person under walled space

Section 342 Punishment 1 Years or fine or Both

Kidnapping and Abduction