NEWS HIGHLIGHT
Theme : Governance
Paper:GS-2
In Neeraj Dutta v. State (Govt. of NCT of Delhi) the Constitution Bench lowered the bar for the quantum of evidence required to convict persons charged with corruption.
TABLE OF CONTENT
- Context
- Corruption
- Reasons of Corruption
- Impact of Corruption
- Relevance of Neeraj Dutta v. State (Govt. of NCT of Delhi) judgment
- Road Ahead
Context : In Neeraj Dutta v. State (Govt. of NCT of Delhi) the Constitution Bench lowered the bar for the quantum of evidence required to convict persons charged with corruption.
Corruption :
- Corruption is dishonest behavior by those in positions of power.
- Those who abuse their power may be individuals or they may belong to organizations, such as businesses or governments.
- Corruption can entail a variety of actions, including giving or accepting bribes or inappropriate gifts, double-dealing, and defrauding investors.
- India was ranked 85 among 180 countries in the corruption perception index 2021
Reasons of Corruption :
According to a survey conducted in 2017, the following factors have been attributed as causes of corruption:
- Inefficiency in administrative structures
- Low levels of education
- Lack of commitment to society
- Extravagant family
- Low press freedom
- Low economic freedom
- Large ethnic divisions and high levels of in-group favoritism
- The greed of money, and desires.
- Higher levels of market and political monopolization
- Low levels of democracy
- Weak civil participation
- Low political transparency
- Gender inequality
- Contagion from corrupt neighboring countries
- Poverty
- Political instability
- Unemployment
- Lack of proper policies against corruption
Impact of Corruption :
Relevance of Neeraj Dutta v. State (Govt. of NCT of Delhi) judgment :
- The Supreme Court debunks the myth that absolute proof of guilt alone can help convict an offender.
- Even if prosecution witnesses turn hostile: A conviction would be in order if all the circumstantial evidence marshaled by the prosecution and produced before the court points unmistakably to the guilt of the accused.
- Step towards ensuring integrity in public services, especially in the ‘superior’ services such as the IAS and IPS.
- The Supreme Court has set the standard:The court has directed that infirmities such as non-availability of the complainant, either because he is dead or otherwise not traceable, should not stand in the way of accepting the story of the prosecution.
- The same liberal application of the law of evidence will now apply to cases where prosecution witnesses turn hostile, either because of inducement or intimidation.
Road Ahead :
- The demand for the death penalty for a wide range of offenses is misdirected: Enhancing penalties for criminal behavior, the higher will be the quantum of proof required by the courts to be convinced of the guilt of those arraigned before them.
- The judgment may not deter people from corruption: We need enlightened opinion leaders who are not scared of taking on powerful elements in politics or in administration.
FAQs :
-
State a few reasons for Corruption.
ANS.
- Inefficiency in administrative structures
- Low levels of education
- Lack of commitment to society
- Extravagant family
- Low press freedom
- Low economic freedom
- Large ethnic divisions and high levels of in-group favoritism
- The greed of money, and desires.
- Higher levels of market and political monopolization
- Low levels of democracy
- Weak civil participation
-
What is Corruption?
ANS.
- Corruption is dishonest behavior by those in positions of power.
- Those who abuse their power may be individuals or they may belong to organizations, such as businesses or governments.
- Corruption can entail a variety of actions, including giving or accepting bribes or inappropriate gifts, double-dealing, and defrauding investors.
- India was ranked 85 among 180 countries in the corruption perception index 2021.