If there is no evidence of pecuniary benefit, however there is evidence of misuse of position, fabrication of docs to benefit someone.
Then in such a case can a public servant be charged under Prevention of Corruption Act?
Yes. Under Section 13(1)(d) of Prevention of Corruption Act.
In Union of India Vs. K.K.Dawan AIR 1993 SC 1478, the Hon'ble Supreme Court has mentioned the circumstances under which an inference can be drawn for initiating prosecution for the offences under Clause (iii) of Sec. 13(1)(d) of Prevention of Corruption Act 1988.
Mentioning only the relevant portion here ... "If he had acted in order to unduly favour a party; and If he had been actuated by a corrupt motive however small the bribe may be".
Let's say, if the officer has favoured his son by fabricating some certificate, then he cannot get away saying pecuniary benefit is not involved and hence cannot be charged under PC Act.
Pecuniary Advantage meaning:
Though every kind of gratification is not pecuniary advantage or valuable thing, pecuniary advantage and valuable thing are included in gratification (Bhawan Sahai Vs. State, AIR 1960 SC 487 Cr.L.J. 676).
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