"Asking for bribe in name of a Judge"- Make it a separate offence under Prevention of Corruption Act

Many judicial orders and judgements are predictable.

Unscrupulous persons take advantage of this knowledge.

They ask from litigant bribe in name of Judge and guarantee that certain type of order will be passed.

Judge may never know about this. He may be just passing routine orders in all similar cases as per settled law.

The moment he passed the order, the money or bribe is exchange between litigant and the unscrupulous person.

Though he may be honest, he will be branded as corrupt in eyes of public and agencies.

Thanks to the thousands and thousands of such unscrupulous persons moving in courts.

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Why a separate offence need to be specified?

If you file a complaint against such unscrupulous person, the police will have to involve judge also.. Even if he may be just passing routine orders. The complaints can be so vexatious that it will be impossible to protect those judges who are thoroughly honest.

What will happen if a separate offence in carved out in Prevention of Corruption Act?

Then, "Asking of bribe in name of a Judge" itself will become a punishable offence.

This offence can be proved by audio recording or by eye witness or by sting operation.

The police need not involve judge, unless there is some further evidence against a judge also.

This will make it possible to avoid harassment of honest judges and at the same time will facilitate fast prosecution of persons asking for bribe in name of judges.

Haresh Raichura
16/8/2014