Is the section in FIR apt for Revanth case ?

revanth-reddyAre there any loopholes in Revanth’s  cash-for-vote case? Are the sections in FIR are apt for Revanth case?

The Anti corruption bureau has filed case against Revanth under section 12 of PC act, because Revanth is a MLA and he tends to be a public servant.

According to legal experts, As per PC Act 12 –  Whoever encourage, support, or countenance by aid or approval, usually in wrongdoing , any offence punishable under section 7 or section 11 .

As per PC act 7 – Public servant taking gratification other than legal remuneration in respect of an official act, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.

As per PC act 11- Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.

After studying the above acts Section 12 of PC is not applicable to this case. It will only be applicable when the crime is proven under the PC Acts 7 and 11. Revath is not on receiving end and he has not misused his power as he is not in power.