A contractor can be prosecuted under the Prevention of Corruption Act if he is not a public servant. The authorities have initiated proceedings against me under section 13 of the PC Act, but my role is that of a local contractor responsible for supplying goods to a government department. The case has recently moved to the state’s special investigation team. I have no involvement in the alleged offense. The tender process had completed successfully online, without any personal interference. The tender issuance and work allotment process involved no human interference. Upon receiving the tender and purchase order, the director issued a show cause notice to the electronics department.
Subsequently, the director had established an inquiry committee, and following the inquiry officer’s findings, an FIR has lodged. I maintain my innocence, facing a criminal case without committing any crime. The FIR clearly violates the Prevention of Corruption Act’s provisions. Is a contractor liable for corruption charges under such circumstances?
Asked from: Uttar Pradesh
You did not mention the inquiry officer’s findings. Someone has lodged the alleged First Information Report based on that inquiry report. If sufficient evidence exists of your conspiracy with the public servant or your abetment in committing an offense, the law may prosecute you under the Prevention of Corruption Act provisions.
It is not a law that a contractor cannot be prosecuted under the Prevention of Corruption Act because he is not a public servant. A person who abets a public servant to commits criminal misconduct, he has committed an offense punishable under Section 13 of the PC Act.
If a non-public servant is involved in a criminal conspiracy with a public servant to commit any offense under the PC Act, or if such a non-public servant has abetted any of the offenses which the public servant commits, such a non-public servant is also liable to be tried along with the public servant.
You cannot challenge the First Information Report solely because you are not a public servant; thus, they have not accused you of any offense. If prima facie evidence against you is lacking, or the FIR’s version does not suggest your conspiracy or abetment in committing an offense, the High Court can quash that FIR.
In this situation, you should move a petition in the High Court under Section 482 of the Code of Criminal Procedure for the quashing of the FIR.
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