R N Karaiya vs State of Madhya Pradesh S.15 Prevention of Corruption Act

Prevention of Corruption Act, 1988 — Section 15 r/w Section 13(1)(c) & (d) —Even for the purpose of proving an attempt under Section 15, the prosecution is required to establish foundational facts indicating a dishonest or fraudulent intention either to misappropriate property or to obtain a pecuniary advantage. In the absence of such material, mere preparation of official records or processing of a proposal would not by itself satisfy the requirements of the provision(Paras 16). [Context: The Supreme Court set aside the conviction of all appellants under the Prevention of Corruption Act and the Indian Penal Code arising from alleged irregularities in the proposal and billing for installation of a hand pump. It held that mere preparation of note-sheets, calling of quotations, approval of the lowest quotation, issuance of work order and preparation of bills, without proof of dishonest or fraudulent intention, does not constitute “attempt” to commit criminal misconduct under the unamended Section 15 read with Section 13(1)(c) and (d) of the PC Act, 1988 or cheating/forgery offences under the IPC]