Defence Strategies in Corruption & Criminal Breach of Trust Cases | PC Act 13(1)(c), IPC 409 & 120B

In this in-depth video, Dr. Jinesh Soni, Advocate, explains the key defence strategies for cases under Section 13(1)(c) of the Prevention of Corruption Act, Section 409 IPC (Criminal Breach of Trust), and Section 120B IPC (Criminal Conspiracy).
These are among the most serious white-collar and corruption-related offences — but the law also provides strong grounds for defence if used correctly.

💼 Common Defence Strategies:

1️⃣ Challenging Entrustment or Dominion (Section 409 IPC):
Prove that the alleged property was never entrusted to the accused or that there was no dominion or control over it.
➡️ Mere failure to return property does not equal misappropriation — the prosecution must prove dishonest intention and specific misuse.

2️⃣ Absence of Dishonest Intention (Mens Rea):
Both Section 409 IPC and Section 13(1)(c) PC Act require proof of dishonest intention.
➡️ If the act was a bona fide mistake, procedural error, or done in good faith without wrongful gain, no offence is made out.

3️⃣ No Agreement in Conspiracy (Section 120B IPC):
For conspiracy, there must be a meeting of minds or agreement to commit an unlawful act.
➡️ The defence can argue that there was no collusion, and all actions were part of legitimate official duties.

4️⃣ Invalid Sanction for Prosecution (Section 19 PC Act):
A valid sanction from a competent authority is mandatory before prosecution.
➡️ If the sanction was issued without proper application of mind or without reviewing full facts, it can be challenged — particularly if it leads to a failure of justice.

5️⃣ Questioning Evidence and Witness Reliability:
➡️ Cross-examine witnesses to expose inconsistencies.
➡️ In corruption cases, demand and acceptance of illegal gratification must be proved by clinching and corroborated evidence.

6️⃣ Procedural Compliance:
Show that all financial and administrative procedures were followed in good faith, even if belatedly, to rebut misuse allegations.

7️⃣ Absence of Pecuniary Loss:
➡️ Demonstrating that no actual financial loss occurred to the government or organization can weaken the prosecution’s case.

8️⃣ Accused as Competent Witness:
Under law, the accused may testify under oath in their own defence, providing their version and countering the prosecution’s claims directly.

⚖️ Important Legal Points:

The burden of proof lies on the prosecution to prove guilt beyond reasonable doubt.

In PC Act cases, if a presumption of guilt arises, the defence must rebut it through clear and credible evidence.

Each case must be strategically tailored based on the facts, evidence, and procedural compliance.

👨‍⚖️ Explained by:
Dr. Jinesh Soni, Advocate
(Men’s Rights & Criminal Law Expert | Legal Educator | Founder – Dr. Jinesh Soni Consultants OPC Pvt. Ltd.)

📞 Contact: +91-9461276899
📧 Email: [email protected]

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