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    <title>1957 (1) TMI 43 - Supreme Court</title>
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    <description>Section 409 of the Indian Penal Code was held to remain in force for public servants, because section 5(1)(c) of the Prevention of Corruption Act, 1947 created a distinct and wider offence of criminal misconduct rather than impliedly repealing the earlier criminal breach of trust provision. The Court further held that the availability of prosecution under different enactments did not offend Article 14, as the offences had different ingredients, punishments, presumptions, and procedural incidents. It also ruled that a prosecution under section 409 IPC did not require sanction under the Prevention of Corruption Act, because the statutory sanction requirement was confined to prosecutions under the offences specified in that Act.</description>
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    <pubDate>Fri, 11 Jan 1957 00:00:00 +0530</pubDate>
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      <title>1957 (1) TMI 43 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=194383</link>
      <description>Section 409 of the Indian Penal Code was held to remain in force for public servants, because section 5(1)(c) of the Prevention of Corruption Act, 1947 created a distinct and wider offence of criminal misconduct rather than impliedly repealing the earlier criminal breach of trust provision. The Court further held that the availability of prosecution under different enactments did not offend Article 14, as the offences had different ingredients, punishments, presumptions, and procedural incidents. It also ruled that a prosecution under section 409 IPC did not require sanction under the Prevention of Corruption Act, because the statutory sanction requirement was confined to prosecutions under the offences specified in that Act.</description>
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      <pubDate>Fri, 11 Jan 1957 00:00:00 +0530</pubDate>
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