Can Antony be jailed for failure to report Tatra crime?

Defence Minister AK Antony could face up to six months in jail if it is established that he was negligent in not reporting the allegation of bribery relating to the sale of Tatra trucks to the Indian Army, according to one interpretation of the law. The Times of India reports that Antony would, under this interpretation, fall foul of Section 39 of the Code of Criminal Procedures ( details here ), which requires “every person” who is aware of a crime (or even the likelihood that is about to be committed) to “forthwith give information” to the nearest Magistrate or police officer that a crime had been committed – or that there was an intention to commit one. [caption id=“attachment_261895” align=“alignright” width=“380” caption=“There’s trouble ahead for AK Antony. PTI”] [/caption] Among the offences that are required to be reported forthwith are those related to “illegal gratification”, which are at the centre of the allegations. Antony has much to account for in the tainted Tatra deal, as Firstpost noted here . He had been given notice as early as in 2009 that there were allegations of corruption in the deal. And in 20010, the Army chief, Gen VK Singh, reported to him sensationally that a retired officer of the Army had offered him a Rs 14 crore bribe to approve the purchase of the trucks. Yet he did nothing about it – except to clutch his head and groan. This “prolonged failure” to take action on the issue till it came out in the open could be read as a violation of Section 39 of Criminal Procedure Code (CrPC), notes The Times of India. The paper notes that anyone who violates Section 39 of the CrPC can face up six months in jail. (Other commentators have criticised the Defence Ministry for holding up critical defence procurements, leaving the Army vulnerable. Read Shekhar Gupta’s comment “The Ministry of Indefensible” here  and Shankkar Aiyar’s comment “The Indefensible State of Affairs” in Defence here .)