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    Question

    A municipal officer received Rs. 2 lakhs from a

    contractor as gratification for approving inflated bills for civic works. The officer has been charge-sheeted under Section 7 of PCA. Which statements are correct? Statement 1: The officer's conduct violates Section 7 of PCA as he took gratification for performing official duty. Statement 2: The contractor is also prosecuted as an abettor under Section 12 of PCA. Statement 3: The gratification amount must exceed Rs. 5 lakhs to constitute a Section 7 offence. Statement 4: The officer must prove legitimate source for the gratification received. Which statements are correct?
    A Statements 1, 2, and 4 only Correct Answer Incorrect Answer
    B Statements 1 and 2 only Correct Answer Incorrect Answer
    C Statements 1 and 4 only Correct Answer Incorrect Answer
    D Statements 2 and 3 only Correct Answer Incorrect Answer
    E All statements are correct Correct Answer Incorrect Answer

    Solution

    Section 7 covers gratification for dutyтАФStatement 1 is correct. Contractor can be prosecuted as abettorтАФStatement 2 is correct. No minimum amount requirementтАФStatement 3 is incorrect. Burden is on prosecution, not officerтАФStatement 4 is incorrect. Statements 1 and 2 are correct.

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