P.V. NARASIMHA RAO ETC. ETC. versus STATE (CBL/SPE) ETC. ETC.

P.V. NARASIMHA RAO ETC. ETC. versus STATE (CBL/SPE) ETC. ETC.

Bribe givers do not enjoy immunity under Article 105(2) and the trial against them for substantive offences under s.12 PCA and s.120-B IPC must proceed; bribe takers are entitled to immunity conferred by Article 105(2) unless the act was not integral to the vote or speech in Parliament. MPs are 'public servants' under PCA. Sanction for prosecution under PCA for MPs is not applicable due to lack of competent authority, but prosecuting agency must seek permission from Chairman of Rajya Sabha or Speaker of Lok Sabha before charge-sheeting for certain offences.

Parties
Appellant: P.V. NARASIMHA RAO; Respondent: STATE (CBI/SPE); Appellants/respondents: Other MPs and MLAs (Bribe Givers/Takers)
Jurisdiction
India
Judgment Date
17 April 1998
Procedural Posture
Criminal Appeal / Decision on Appeals From Delhi High Court
Outcome
Appeals disposed of.
Legal Topics
Immunity of Parliament Members, Bribery, Sanction for Prosecution, Interpretation of Statutes
Constitutional Law Criminal Law Parliamentary Privileges Immunity of Parliament Members Bribery Sanction for Prosecution Interpretation of Statutes

Case Brief

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Parties

P.V. NARASIMHA RAO

Appellant

STATE (CBI/SPE)

Respondent

Other MPs and MLAs (Bribe Givers/Takers)

Appellants/respondents

Procedural Posture

Criminal Appeal / Decision on Appeals From Delhi High Court

Legal Issues

  1. 1 Whether immunity under Article 105(2) applies to Members of Parliament accused of bribery for voting in Parliament
  2. 2 Whether Members of Parliament are 'public servants' under the Prevention of Corruption Act, 1988
  3. 3 Whether sanction for prosecution is required for MPs under Prevention of Corruption Act, 1988

Ratio Decidendi

Bribe givers do not enjoy immunity under Article 105(2) and the trial against them for substantive offences under s.12 PCA and s.120-B IPC must proceed; bribe takers are entitled to immunity conferred by Article 105(2) unless the act was not integral to the vote or speech in Parliament. MPs are 'public servants' under PCA. Sanction for prosecution under PCA for MPs is not applicable due to lack of competent authority, but prosecuting agency must seek permission from Chairman of Rajya Sabha or Speaker of Lok Sabha before charge-sheeting for certain offences.

Court Disposition

Appeals disposed of.

Orders

  • Trial against bribe givers (MPs and private persons) must proceed for substantive offences under PCA and IPC.
  • Bribe taker MPs entitled to immunity under Article 105(2).