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supreme court judgement Criminal Appeal No.1882 of 2024


23-Sep-2026 (In Criminal Law)
All sections of IPC i.e.420,467,468,470,471 120-b & Sec 13(d) of PC ACT are based basically on the "Intent" of the accused of obtaining some pecuniary benefit in cash or kind which in case the prosecution fails to prove. Will it exonerate the accused person(s) of the corruption charges due to getting diluted? Will it erase the criminal intent to convert into a civil case decided by departmental enquiry in case of Public Servants?
Answers (2)

Answer #1
671 votes
No, not automatically. If the prosecution fails to prove the required criminal intention and other essential ingredients of the particular offence beyond reasonable doubt, the accused may get acquitted/discharged, depending on the stage of the case. However, departmental exoneration does not automatically end a criminal case, because both proceedings follow different standards of proof. A departmental finding may still be relevant, depending on the facts and evidence. Also, whether IPC or BNS/PC Act provisions apply depends on when the alleged offence occurred and the exact charges. A criminal case cannot simply be treated as a civil dispute merely because the alleged monetary benefit or loss is not ultimately proved.
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Answer #2
829 votes
The absence of proof of criminal intent does not automatically convert a criminal case into a civil or departmental matter. The prosecution must prove the essential ingredients of each alleged offence beyond reasonable doubt. Similarly, a departmental inquiry is separate from criminal proceedings and has a different standard of proof. Departmental exoneration does not automatically end the criminal case. The outcome depends on the specific allegations, evidence, charges, and findings in the departmental proceedings.
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Advocate Udit Chauhan

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