Supreme Court to settle conflicting High Court views: Is bribe-giver liable for abetment under Section 12 of Prevention of Corruption Act before 2018 amendment?

The Supreme Court in the case K. Rabindra Kumar Patra Versus The State Of Odisha observed and is set to consider whether a person who, despite the public servant's refusal, voluntarily offers a bribe to a public servant, should be held liable for abetment for an offence under the Prevention of Corruption Act, 1988, when the bribe amount is recovered from the officer's desk.

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The bench comprising of Justice Dipankar Datta and Justice Prashant Kumar Mishra was hearing the present matter.

The bench in the case was hearing a challenge to the order of Orissa High Court, wherein the court dismissed a criminal revision filed by the petitioner against the trial court order which refused to discharge him of offence under section 12 of the PCA.

The issue framed by the Court reads: Whether an alleged voluntary offer of bribe made by the complainant without a demand by the accused public servant and discovery of the bribe amount on the desk of the latter, prior to July 26, 2018, would amount to an offence under Section 12 of the Prevention of Corruption Act, 1988 (as amended).