Wednesday 7 August 2013

Act causing slight harm is not offence

N.K. Illiyas v. State of Kerala, (2012) 12 SCC 748
 Criminal Law 
 Penal Code, 1860 
 S. 95 and Ss. 471 and 409 - Applicability of S. 95 i.e. act causing slight harm - By making wrong entries accused
delaying payment of telephone dues for 21 days not causing any loss to Department concerned - Held, said act is so
trivial that it comes under S. 95 - Said act cannot be considered as an offence under Prevention of Corruption Act, 1988 -
Conviction under Ss. 13(1)(c) & 13(1)(d) r/w S. 13(2), PC Act and under Ss. 471 and 409 IPC set aside and appellant's
acquittal directed, (2012) 12 SCC 748- 
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