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Report No. 33

38. Partly true cases.-

It should be made clear, that we are not thinking of a totally false story1 or of a totally true story. We are thinking of a case where some of the ingredients of bribery are established, but not all. This is a material consideration, because it is not enough that the person 'reporting an "offence" bona fide thinks that he is discharging a duty2.

1. Cf. Sham Lal v. Abdul Raof, ILR 57 All 935: AIR 1935 All 538 (541) (FB).

2. Cf. Stuart v. Bell, (1891) 2 QB 341 (349) (CA) (Judgment of Lindley L.J.).

Section 44, Code of Criminal Procedure, 1898 Back

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