Question
A revenue official's son received employment in a
private company whose lands the official was supposed to regulate. The official subsequently granted favorable classification to the company's lands. The son was placed at the company's instance. Under PCA, which statements are correct? Statement 1: The official is liable under Section 7 for accepting indirect gratification (employment for son). Statement 2: The employment arrangement constitutes gratification under PCA definitions. Statement 3: The official cannot be prosecuted if the son's services were legitimate. Statement 4: The company can be prosecuted for abetting the official's corruption. Which statements are correct?Solution
Section 7 of the PCA, 1988 covers gratification obtained not just for oneself but also for any other person, making the son's employment at the company's instance an indirect but legally recognized gratification. The definition of "gratification" under the Act is deliberately broad and includes non-monetary benefits like employment, so the legitimacy of the son's work is no defence. Statement 3 fails because the PCA targets the corrupt motive behind the arrangement, not the quality or genuineness of services rendered by the beneficiary the quid pro quo (employment → favourable land classification) is sufficient to establish the offence. Finally, the company, having orchestrated the employment arrangement to influence the official, is squarely liable for abetment under Section 12 of the PCA.
For removal of the auditor before his term, the approval of __________ is required.
What can be the maximum corpus of Venture Capital Schemes provided by Fund Management Entities in IFSC?
Under the IFSCA Listing Regulations 2024, how long must promoters’ and controlling shareholders’ pre-issue shareholding be locked up after an IPO?
What is the minimum quorum required for a meeting of the Board for Regulation and Supervision of Payment and Settlement Systems?
In the IFSCA Listing Regulations 2024, what is the maximum period for which the price stabilization process under the Green Shoe Option can be active po...
Who has the power to give directions under IFSCA Act?
A company can raise funds in the nature of owned or borrowed capital, through various financial instruments. Which of the following financial instrument...
Under the IFSCA Listing Regulations 2024, which of the following bodies is authorized to approve ESG-labelled debt securities?
A mutual fund investment is considered inactive when no investor initiated transaction has taken place in last _______ but unit balance is available in ...
According to the IFSCA Listing Regulations 2024, what is the minimum public offer percentage required for issuers incorporated outside India?