Public Accountability, Vigilance and Prevention of Corruption — Sting/Undercover Operations

Cases Reported in 2014 SCC VOL. 6 July 14, 2014 Part 3

Criminal liability of sting operation conducted by private person on being charged for having deployed means which themselves involve culpable act such as offering bribe to main offender is not obliterated merely because operation is claimed to be conducted in public interest as a journalistic exercise. Question would arise whether offer of bribe was only a pretence or it was with intention of getting some favour in return. Mens rea or criminal intention of sting operator has to be proved by prosecution on basis of surrounding facts established by material on record in a full-fledged trial. Rajat Prasad v. CBI, (2014) 6 SCC 495

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