AIROnline 2022 SC 786 – Legal Firms

Criminal P.C. (2 of 1974) , S.482— Prevention of Money-Laundering Act (15 of 2003) , S.3, S.64— Quashing of proceedings – Against ‘bribe giver’ – Offence of money laundering and bribery – Allegation that accused handed over bribe money to public servant – By handing over money with intent of giving bribe, that person would knowingly be a party to activity connected with proceeds of crime – Such ‘bribe giver’ connected to ‘proceeds of crime’, can very well be prosecuted under the Act -Criminal proceedings initiated against accused, cannot be quashed.

So long as the amount is in the hands of a bribe giver, and till it does not get impressed with the requisite intent and is actually handed over as a bribe, it would definitely be untainted money. If the money is handed over without such intent, it would be a mere entrustment. If it is thereafter appropriated by the public servant, the offence would be of misappropriation or species thereof but certainly not of bribe. The crucial part therefore is the requisite intent to hand over the amount as bribe and normally such intent must necessarily be antecedent or prior to the moment the amount is handed over.
Thus, the requisite intent would always be at the core before the amount is handed over. Such intent having been entertained well before the amount is actually handed over, the person concerned wou….