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Supreme Court of India 2025-05-07 partly_allowed

Nallammal vs State by the Inspector of Police, Vigilance and Anticorruption Police, Dindigul, Tamil Nadu

Bench: 2 — Sudhanshu Dhulia, Ahsanuddin Amanullah

In Brief

P. Nallammal, wife of a deceased Tamil Nadu minister accused of accumulating disproportionate assets, faced conviction for abetting her husband under Section 109 IPC and the Prevention of Corruption Act. The Supreme Court delivered a split verdict: Justice Amanullah acquitted her, holding that merely registering property in her name without proving knowledge of illicit funds does not constitute abetment; the prosecution must prove mens rea. Justice Dhulia dissented, noting her active participation in numerous transactions during her husband's tenure warranted conviction. The matter now goes to the Chief Justice of India for final determination. Both judges unanimously upheld the asset attachment order.

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Corruption Law Abetment Prevention of Corruption Act Disproportionate Assets Criminal Law - Burden of Proof Family Members and Criminal Liability Evidence Presumption of Innocence

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