The High Court of Delhi has held that the 2018 amendment made to Prevention of Corruption Act does not have a retrospective effect. Before the amendment, Section 13(1)(d) of the Prevention of Corruption Act; originally prosecuted the accused.
The contention made by the accused in this case was that the appeal made by the Central Bureau of Investigation is not maintainable because of the amendment made in 2018.
It was further submitted on behalf of the applicants/respondents that when a provision has downgraded the sentence, the benefit thereof must be given to the accused.
“It was submitted by learned counsels that keeping in view the mollifications of rigors of law and pendency of the petitions before the Hon’ble Apex Court and the Hon’ble Division Bench challenging continuance of proceedings under the PC Act, 1988, this Court should either refer the petitions to the Division Bench or should await the outcome of the proceedings pending consideration before the Hon’ble Apex Court and the Hon’ble Division Bench”.
The Court opined that there is no impediment in hearing the criminal leave to appeal, since the offences in question are alleged to have been committed prior to the coming into force of the Prevention of Corruption (Amendment) Act, 2018.