SC to Resolve Dispute on Bribe-Giver’s Liability Under Section 12 PCA

The SC will decide if a person who voluntarily offers a bribe, despite refusal, can be held liable for abetment under Section 12 of  the Prevention of Corruption Act. 

The Court highlighted differing views from the Kishor Khachand Wadhwani case where offering a bribe before the 2018 amendment wasn't punishable and in the Ghanshyam Aggarwal case, Section 165A of the IPC was referenced, which penalizes abetment of bribery.

The petitioner is accused of offering ₹2 lakh bribe to a police officer in an illegal Gutkha case. Both the trial and High Court upheld the charge, and now the SC has resolved the legal question.