AIR 1954 PUNJAB 228 ::56 Pun LR 298

Punjab High Court

Hon'ble Judge(s): Harnam Singh , J

(A) Penal Code (45 of 1860) , S.108 Expln.4, S.108, S.165A— Abetment of offence u/S.165A. In view of Explanation 4 to S. 108 there can be abetment of the offence punishable under S. 165A.(Para 17 18) Anno : Penal Code, S. 108, N. 1. (B) Penal Code (45 of 1860) , S.161, S.165A— Bribe offered to Head Constable - Head Constable unable to act u/S.18 and u/S.37 of Weights and Measures Act - Conviction u/S.165A . Punjab Weights and Measures Act (12 of 1941) , S.18, S.37— Section 161 does not require that the public servant must in fact be in a position to do the official act, favour or service at the time. Therefore, even if a Head Constable is not in a position to take action under Ss. 18 and 37 of the Punjab Weights and Measures Act that would not affect the guilt of the accused convicted under S. 165A.(Para 20 21) Anno : Penal Code, S. 161, N. 8. (C) Penal Code (45 of 1860) , S.161— State of mind of person offering gratification. In a case under section 161 of the Code the state of mind of the person who offers "gratification" has nothing to do....