Officials engaged in corrupt practices prior to repeal of the Prevention of Corruption Act 1947 can be prosecuted under the repealed Act, even if the FIR was registered, subsequent to the repeal of the enactment, the Supreme Court has ruled.
A bench of justices Aftab Alam and Ranjana Prakash Desai said repeal of the 1947 Act does not in any manner preclude the investigating agencies to probe offences committed prior to repeal of the Act.
“No different intention is disclosed in the provisions of the new Act to hold that repeal of the Act of 1947 affects the right of the investigating agency to investigate offences which are covered by the Act of 1947 or that it prevents the investigating agency from proceeding with the investigation and prosecuting the accused for offences under the Act of 1947.
“In our opinion, therefore, the repeal of the Act of 1947 does not vitiate or invalidate the criminal case instituted against the appellants and the consequent conviction of the appellants for offences under the provisions of the Act of 1947,” Justice Ranjana Desai, writing the judgement, said.
